LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 



J 



CIVIL GOVERNMENT 



STATE OF KENTUCKY 



AND THE 




UNITED STATES: 



W;/l I? H* 



A. TEXT=BOOK FOR SCHOOLS, 



INDIANAPOLIS, INDIANA: 

The Normal Publishing House, J. E. Shbbrill, Proprietor. 

1889. 

IS9 



Entered according to Act of Congress in the year 1888, 
By J. E. SHERRILL, /t^^A^y: 
In the Office of the Librarian of Congress/at Washington, D. C. 




fjfajMjL f t X 



Preface 



It has been the aim of the author of this little book to 
present, in as brief and comprehensive a manner as pos- 
sible, a statement of the principles of the government 
under which we live, and its workings in city, district, 
county, state and nation. 

In preparing a work of this character, much which 
would be of interest must necessarily be omitted. It is 
hoped, however, that enough is given to enable the aver- 
age school-boy or school-girl to have a clear idea of how 
our government is carried on in its various departments. 

The treatment of the National Government has pur- 
posely been made brief, it being the opinion of the author 
that a knowledge of heal affairs is more valuable than 
a discussion of the whys and wherefores of the Federal 
Constitution. This Constitution, however, has been fol- 
lowed closely, and the more important and less easily 
understood clauses commented upon. 

A number of outlines are given to assist in fixing in 
mind the various divisions and the officers of each. 



(3) 



Table of Contents. 



PART I. 
INTRODUCTORY. 

CHAPTER I. 

PAGE. 

Origin and Nature of Our Government 7 

PART II 
CIVIL GOVERNMENT OF KENTUCKY. 

CHAPTER II. 
Bill of Rights 13 

CHAPTER III. 
Elections 17 

CHAPTER IV. 
Civil Government of the State, Legislative Department, 25 

CHAPTER V. 
Civil Government of the State, Executive Department 35 

CHAPTER VI. 
Civil Government of the State, Judicial Department 56 

CHAPTER VII. 
Civil Government of the County, Legislative and Executive 

Departments 64 

(5) 






6 Table of Contents. 

CHAPTER VIII. 

Civil Government of the County, Judicial Department 74 

CHAPTER IX. 

Civil Government of the District 84 

CHAPTER X. 
Civil Government of Cities and Towns 88 



PART III. 

CIVIL GOVERNMENT OF THE UNITED STATES. 

CHAPTER XL 
Legislative Department 96 

CHAPTER XII. 
Executive Department 107 

CHAPTER XIII. 
Judicial Department 120 

CHAPTER XIV. 
Miscellaneous Provisions of the Constitution 124 



Civil Government. 



PART I. 

INTRODUCTORY. 



CHAPTER I. 

ORIGIN AND NATURE OF OUR GOVERNMENT. 

1. At the close of the Revolutionary War the United 
States of America consisted of thirteen States united by 
cot?edera«on. Articles of Confederation. Under these Articles 
each State was sovereign and independent, and the Con- 
federation was declared to be "a league of friendship 
between the States." The National power was vested in 
Congress, which had but little authority over the States. 
It could declare war, but could not compel a single soldier 
to fight; it could borrow money on the credit of the 
United States, but could not provide for the payment of 
a dollar; it could not punish those who violated its laws; 
it could not collect taxes; it had no control over the 
States, and in fact was worse than useless. 

2. During the Revolution the States had been united 
by their common danger; they needed no National Gov- 

(7) 



Civil Government of the State of 



ernment to hold them together; but when this danger 
Trouble was removed, it became evident that the Articles 

among the 

states. f Confederation were too weak to serve the pur- 
pose for which they were intended. The States became 
jealous of one another, and were continually enacting 
laws which would be beneficial to themselves and injuri- 
ous to their neighbors. The National Government, so 
weak at home, commanded no respect from foreign 
nations, who took advantage of the rivalry of the States. 
It was seen by many of the statesmen of the country that 
unless some stronger form of government could be adopted, 
the Confederation would crumble into ruins, and form 
thirteen petty States instead of one great Nation. 

3. In accordance with this feeling, it was resolved to 
make an attempt to revise the Articles of Confederation 

Desire for and make them stronger. Virginia took the lead, 

stronger 

government. an( j appointed delegates to meet the delegates to 
be appointed from the other States, for the purpose of 
remedying the defects in the Articles. After several 
ineffectual attempts, the Convention finally organized at 
Philadelphia, on May 25, 1787, by electing George Wash- 
ington, of Virginia, President. 

4. Although the object of the Convention was to revise 
the Articles of Confederation, the delegates soon decided 

Formation that it would be necessary to form an entirely 

of the JL J 

constitute, different plan of union. For four months they 
continued their labors, and the result was the present 
Constitution of the United States. 

5. According to the terms of the Constitution the rat- 
ification of nine States was declared sufficient for its 

Adoption adoption by the States ratifying it. Within one 
constitution. vear after its submission to the people it was 



Kentucky and the United States. 



adopted by eleven States. Early in the year 1789 electors 
were appointed for the election of a President of the 
United States. The electors unanimously chose George 
Washington the first President of the new union, and on 
April 30. 1739, he took the oath of office. 

6. The Constitution of the United States is the su- 
H»t«re prente law of our country. No law passed by 

constitution, the National or State legislative bodies can be 
enforced if contrary to its provisions. But the Federal 
Government has only such powers as are delegated to it 
by the Constitution, and these powers mainly concern the 
United States as a whole and in relation to other nations. 
To the States themselves is given the power to regulate 
their local affairs. All powers of government which are 
not distinctly given to the Federal Government by the 
Constitution, thus belong to the States. 

7. In addition to the Federal Constitution, each of the 
States is governed by a State Constitution. The State 

ftulftions.' Constitution is in the nature of an agreement 
between the whole body of people and each individual ; 
it is framed by a convention composed of delegates from 
all parts of the State, and must be adopted by a majority 
of the citizens before becoming the law. It is the funda- 
mental law of the State. It lays down the principles upon 
which the government is to be conducted, and gives gen- 
eral directions to the Legislature regarding the laws to be 
made by that body. No law passed by the Legislature 
can be enforced if contrary to the State Constitution. It 
is thus a protection to the people against unwise or vic- 
ious legislation. 

8. By both the Federal and State Constitutions the 
powers of government are divided among three depart- 



10 Civil Government of the /State of 



Three Depart- ments : the Legislative, which makes the laws ; 

Government, th e Executive, which carries them into effect, 
and the Judicial, which interprets them and punishes 
those who disobey them. It has been found by experi- 
ence that a wide separation of these departments is desi- 
rable, and that the powers and duties of each officer should 
be confined to the department of which he is a member. 
In certain cases, however, it has been thought best to give 
to one officer powers which belong to different depart- 
ments. The power of the Governor or President to veto 
the acts of the legislative bodies is an example of this. 
In the county or township, where the legislative powers 
are limited, the Executive and Legislative departments 
are often combined. 

"Note. — A short sketch of the early history of the State will not 
be out of place here : 

The earliest exploration of Kentucky was made by John Fin- 
ley, and a few companions from North Carolina, in 1767. In 
1769 Daniel Boone, Finley and four others visited the region, and 
in 1770 Colonel James Knox, with a party from S. W. Virginia, 
explored the country along the Cumberland and Green rivers. 
In 1773-4 a party locating bounty warrants extended their sur- 
veys to the north fork of the Licking, up the Kentucky as far as 
Dix river, and over a considerable territory near the falls. In 
1774 James Harrod built a log cabin on the present site of Har- 
rodsburg, and the next year he established a station there. The 
fort at Boonesborough was built by Daniel Boone in 1775. The 
country of Kan-tuck-kee, "the dark and bloody ground," was 
not occupied by the Aborigines except as a common hunting 
ground for the tribes north and south of it. The intrusion of 
white settlements met with determined and bloody opposition. 
In March, 1775, Boone concluded a treaty with the Cherokees 
at Wataga, by which Kentucky was sold to Col. Kichard Hen- 
derson and his company. As it lay within the charter limits cf 
Virginia, that State would not recognize Henderson's purchase, 
but finally compromised by giving him 200,000 acres at the mouth 
of Green river. In 1776 Kentucky was made a county of Vir- 



Kentucky and the United States. 11 



ginia, and in 1777 the first Court was held at Harrodsburg. In 
1779 the Virginia Legislature passed a law which caused a great 
influx of population. In 1783 Kentucky was formed into one 
District, and a District Court established. The conclusion of the 
War of Independence left the settlers in constant danger of 
Indian outrage, and the citizens found themselves obliged to 
undertake their own protection. The Government at Kichmond 
was too far distant to be relied on in an emergency, and the 
people determined upon a separate Government ; but in this thev 
were seriously delayed. They petitioned Virginia for a separate 
organization, and their request was granted by an ordinance to 
that effect, passed by the Virginia Legislature in 1785. They 
then applied for admission into the Union, but it was not till 
after a long and tedious delay, during which they held a series 
of about ten conventions, that they were finally admitted into 
the Union in 1792. Kentucky took an active part in the War 
of 1812, furnishing more than her quota of soldiers. When the 
Civil War broke out Kentucky assumed a position of neutrality, 
but afterwards declared her allegiance to the Union. A second 
Constitution was adopted in 1800, which continued in force until 
the adoption of the present one in 1850. 

REVIEW QUESTIONS. 

1. What was the form of government of the United 
States at the close of the Revolution ? 

2. What were the chief defects of the Articles of Con- 
federation ? 

3. What was the effect on the States of the weakness 
of the Articles of Confederation ? 

4. What was done to remedy the state of affairs ? 

5. Tell of the organization of the Constitutional Con- 
vention. 

6. When and how was the Constitution adopted ? 

7. When did the Constitution go into effect ? 

8. What is the nature of the Federal Constitution ? 

9. What is said of the relations of the Federal Gov- 
ernment to the States ? 






12 Civil Government of the State of 

10. What other Constitution have we besides the Fed- 
eral Constitution ? 

11. Tell what you can of State Constitutions. 

12. Among what three departments are the powers of 
government divided ? 

13. What is the office of each of these departments? 

14. What is desirable in these departments ? 

15. In what cases is this principle violated ? 



PART II. 

CIVIL GOVERNMENT OF KENTUCKY, 



CHAPTER II. 

BILL OF EIGHTS. 

9. The Bill of Rights is a declaration of the rights 
reserved to the people of the State as individuals. It 

o? me U n. 7 begins by declaring that all freemen, when they 
form a social compact, are equal, and that no man, or set of 
men, are entitled to exclusive, separate public emoluments 
or privileges from the community but in consideration of 
public services. 

10. Absolute, arbitrary power over the lives, liberty 
■\SSct!* and property of freemen exists nowhere in a 

Republic, not even in the largest majority. 

11. The right of property is before and higher than 
?roj£r£ any constitutional sanction. 

12. All power is inherent in the people, and all free 
of°^wer. governments are founded on their authority, 

and instituted for their peace, safety, happiness, security, 
and the protection of property. 

13. All men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their 

^rtT own consciences ; and no man's liberties of wor- 

(13) 



14 Civil Government of the State of 

ship shall be abridged in the least ; neither shall his civil 
rights, privileges or capacities be diminished or enlarged 
on account of his religion. 

14. All elections shall be free and equal ; and returns 
of all elections by the people shall be made to the Secre- 

Eiections. tary of State, except in those cases otherwise pro- 
vided for in the Constitution, or which shall be otherwise 
directed by law. In all elections by the people, and by 
the Senate and House of Representatives, the votes shall 
be given viva voce, personally and publicly. Dumb per- 
sons entitled to suffrage may vote by ballot. 

15. The ancient mode of trial by jury shall be held 
xyyfnry. sacred, and the right thereof remain inviolate, 

subject to such modifications as may be authorized by 
the Constitution. 

16. The free communication of thoughts and opinions 
Fr andT P eech? ss is one of the invaluable rights of man, and every 
citizen may freely speak, write, and print on any subject, 
being responsible for the abuse of that liberty. 

17. The people shall be secure in their persons, houses, 
papers and possessions from unreasonable seizures and 

andllarch. searches, and that no warrant to search any place 
or to seize any person or thing shall issue without describ- 
ing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation. 

18. In all criminal prosecutions, the accused hath a 
right to be heard by himself and counsel; to demand 

^tfiai. * the nature and cause of the accusation against 
him; to meet the witnesses face to face; to have compul- 
sory process for obtaining witnesses in his favor; and in 
prosecutions by indictment or information, a speedy trial 
by an impartial jury of the vicinage; and he can not be 



Kentucky and the United States. 15 

compelled to give evidence against himself; nor can he 
be deprived of his life, liberty or property, unless by the 
judgment of his peers, or the law of the land. No per- 
son once tried for an offense shall be again put in jeopardy 
for the same offense. 

19. All courts shall be open, and every person, for an 
^ r n t3 injury done him in his lands, goods, person or 

reputation, shall have remedy by due course of law, and 
right and justice administered without sale, denial or 
delay. 

20. Excessive bail shall not be required, nor excessive 
bJuSflw. fines imposed, nor cruel punishments inflicted. 

21. All prisoners shall be bailable by sufficient secur- 
b2uw£ ities, unless for capital offenses, when the proof 

is evident or presumption great. 

22. The privilege of the writ of habeas corpus shall not 
SSJS! °e suspended, unless when, in cases of rebellion 

or invasion, the public safety may require it. 

23. The person of a debtor, where there is not strong 
imprison- presumption of fraud, shall not be continued in 

ment 

for debt, prison after delivering up his estate for the ben- 
efit of his creditors in such manner as shall be prescribed 
by law. 

24. No ex post facto law, nor any law impairing con- 
Exijm he* tracts, shall be made. 

25. No person shall be attainted of treason or felony 
Attainder, by the General Assembly ; and no attainder shall 

work corruption of blood, nor, except during the life 
of the offender, forfeiture of estate to the Commonwealth. 

26. Citizens have a right, in a peaceable manner, to 
Ambling assemble together for their common good, and to 

and 

phoning, apply to those invested with the powers of 



16 Civil Government of the^ State of 

government for redress of grievances, or other proper pur- 
poses, by petition, address or remonstrance. 

27. The military shall, in all cases and at all times, be 
in strict subordination to the civil power ; and the rights 

Military, of the citizens to bear arms in defense of them- 
selves and the State shall not be questioned; but the 
General Assembly may pass laws to prevent persons from 
carrying concealed arms. 

28. No standing army shall, in time of peace, be kept 
up, without the consent of the General Assembly ; and 

st a a rm y ng no soldier shall, in time of peace, be quartered in 
any house, without the consent of the owner, nor in time 
of war, but in manner to be prescribed by law. 

29. The General Assembly shall not grant any title of 
Sity. nobility or hereditary distinction, nor create any 

office, the appointment to which shall be lor a longer time 
than for a term of years. 

30. Emigration from the State shall not be pro- 
Emigration, hibited. 

REVIEW QUESTIONS. 

1. What is the Bill of Rights ? 

2. What is said of the equality of men ? 

3. What is said of the existence of absolute power ? 

4. What of the right of property ? 

5. What is the source of power ? 

6. What religious liberties have the people ? 

7. How are elections held ? 

8. What is said of trial by jury ? 

9. What freedom of press and speech is given the 
people ? 

10. What is said of seizure and search ? 



Kentucky and the United States. 17 

11. What right of trial has each citizen? 

12. How many times can a person be tried for the 
same offense? 

13. To whom are the courts open? 

14. What provisions are made concerning bail and 
punishment? 

15. What is a writ of habeas corpus? 

16. What is said of imprisonment for debt? 

17. What is an ex post facto law ? 

18. What is said of attainder, corruption of blood and 
forfeiture of estate? 

19. What rights of assembling and petitioning have 
tke people of the State? 

20. What is said of the military power? 

21. What provisions are made regarding the standing 
army? 

22. What prohibitions are made regarding titles of 
nobility, hereditary distinction, creation of office, and 
emigration ? 

CHAPTER III. 

ELECTIONS. 

31. The election of electors of President and Vice- 
President shall be held on the Tuesday next after the 

S n °! first Monday in November, one thousand eight 
hundred and seventy-six, and on the same day in every 
fourth year thereafter. The election of Representatives 
in Congress shall be held on Tuesday next after the first 
Monday in November, one thousand eight hundred and 
seventy-four, and on the same day in every second year 
2 






18 Civil Government of the State of 

thereafter. The election of all other officers, not other- 
wise provided for, shall be held on the first Monday in 
August; and thereafter, on the same day of each year, as 
the terms of office regularly expire. 

32. Every free white male citizen of the age of twenty^ 
one years, who has resided in the State two years, or in 

Q fof vot a er°. ns the county, town, or city in which he offers to vote, 
one year next preceding the election, shall be a voter ; but 
such voter shall have been, for sixty days next preceding 
the election, a resident of the precinct in which he offers 
to vote, and he shall vote in said precinct, and not else- 
where. Foreigners who have resided in the State, county 
and precinct the length of time required by the Constitu- 
tion, are entitled to vote immediately after being natural- 
ized. 

33. Every person shall be disqualified from holding 
any office of trust or profit for the term for which he shall 
Disqualify, have been elected, who shall be convicted of 

tion for hold- _ . , ~, . , . , 

ing office, having given or offered any *bnbe or threat to 
procure his election. Any person who shall, either di- 
rectly or indirectly, give, accept, or knowingly carry a 
challenge to any person or persons, to fight in single com- 
bat with a citizen of this State, with any deadly weapon, 
either in or out of the State, shall be deprived of the 
right to hold any office of honor or profit in the Common- 
wealth. Any officer or deputy holding an office or post 
of profit, trust, or honor under the Commonwealth, who 
shall be convicted of bribery, forgery, perjury, or any fel- 
ony, by a court of record in or out of this State, his office 
or post shall be vacated by such conviction ; and any offi- 

*Money, or anything of value, bet or wagered on the result of the election 
is deemed a bribe. 



Kentucky and the United States. 19 

cer perverting the functions of his office to private or 
personal gains, shall be declared ineligible. 

34. The election precincts and places of voting in the 
several counties in the State shall be the same as the dis- 

precincts. tricts and places fixed by law for the election of 
Justices of the Peace, unless otherwise specially provided 
for by law. The County Courts have power to establish, 
alter, divide, increase, or decrease Justices' districts, and 
divide Justices' districts into two or more election pre- 
cincts, and to establish or change the place of voting in 
each precinct. 

35. Each County Court shall, annually, appoint two 
discreet voters in each election precinct as judges, and 

ofciSL. a clerk of the election, to act as such in their 
precinct, who shall hold their offices until their successors 
are appointed and qualified; and the judges, clerk and 
Sheriff shall be so selected and appointed as that one of 
the judges at each place of voting shall be of one political 
party, and the other judge of the other or opposing polit- 
ical party, and the like difference shall exist at each place 
of voting between the Sheriff and clerk of elections. 

36. The Sheriff shall, at least five days before the next 
ensuing election, give each judge and clerk written notice 

to office^, of his appointment ; and each of such clerks shall 
be furnished with a poll-book by the County Clerk. Each 
judge and clerk of election shall, before entering on the 
duties of his office, take the oath prescribed by the Con- 
stitution to faithfully perform his duties. 

37. The polls are opened at seven o'clock in the fore- 
pous. noon, and remain open until six o'clock in 

the afternoon. 



20 Civil Government of the State of 

38. Elections for Representatives in Congress shall be 
by ballot ; all other elections shall be viva voce. If a per- 

of'voting. son offering to vote is not personally known to 
one of the judges or the Sheriff as a qualified voter, he shall 
be interrogated, under oath administered by one of the 
judges or the clerk, as to his qualification. If, from his 
statement so made, he appears to be qualified, he shall be 
admitted to vote, unless his right is disputed by one of 
the judges or the Sheriff, or by some other person pres- 
ent. If so disputed, the judges shall hear witnesses, not 
exceeding two in number on each side, as to his qualifi- 
cations, and decide as may appear right from the proof 
and the statements of the party. The word " sworn " 
shall be written opposite the name of every one so voting, 
on the poll-book, where the names of all voters are entered 
as they vote. 

39. The judges shall superintend the election, deter- 
mine upon the legality of all the votes offered, see that 

Duties of they are properly recorded with the voter's name 

election . , t_ , - 

officers. m the poll-book kept for that purpose, commenc- 
ing at the head of each column with the figure 1, and so 
continuing the count, in numerals, down to the foot of 
the page; attend to the proper summing' up of the votes, 
certify the poll-book over their signatures, and deliver 
the same, inclosed in an envelope, sealed by them, before 
they separate, to the Sheriff. They shall also make out 
duplicate statements, in writing, signed by them, of the 
number of votes received by each candidate, one copy of 
which shall be retained by each of the judges, and shall 
serve as evidence of the result of the election if the poll- 
book is not produced. When the judges disagree, the 
Sheriff shall act as umpire between them. Each clerk, in 



Kentucky and the United States. 21 

the presence of the judges, shall sign his name at the foot 
of every page of the poll-book, as the election progresses, 
so that the same may be thereby identified. 

40. The Judge of the County Court, the Clerk thereof, 
and the Sheriff or other person acting for him at an 

BoaMto election, shall constitute a Board for examin- 
poii-books. m g the poll-books of each county, and giving 
certificates of election. Any two of them may constitute 
a Board ; but if either is a candidate, he shall have no 
voice in the decision of his own case. If, from any cause, 
two of the before named persons can not act, in whole or 
in part, in comparing the polls, their places shall be sup- 
plied by the two Justices of the Peace who may reside 
nearest to the court-house. 

41. Within two days next after an election, the Sher- 
iff shall deposit with the Clerk of the County Court the 

Su-bS poll-books of the different precincts. On the 
next day, the Board shall meet in the Clerk's office, be- 
tween ten and twelve o'clock in the morning, compare 
the polls, ascertain the correctness of the summing up of 
the votes, and give triplicate or more written certificates 
of election, over their signatures, of those who have re- 
ceived the highest number of votes for any office exclu- 
sively within the gift of the voters of the county — one 
copy of the certificate to be retained in the Clerk's office, 
another delivered to each of the persons elected, and the 
other forwarded by the County Clerk to the Secretary of 
State at the seat of government. For offices not within such 
gift, they shall give duplicate or more written certificates, 
over their signatures, of the number of votes given in the 
county to each person voted for, particularizing therein 
the precinct at which the votes were given — one copy to 



22 Civil Government of the State of 

be retained in the Clerk's office, and the other delivered 
to the Sheriff. After an election for Governor, Lieuten- 
ant-Governor, or other officer elective by the votes of the 
whole State, or for a Judge of the Court of Appeals, Clerk 
of that Court, Circuit Judge, Commonwealth's Attorney, 
Representative in Congress, or Electors of President or 
Vice-President, it shall be the duty of the board of ex- 
aminers of poll-books for each county, immediately after 
the examination of the poll-books, to make out three or 
more certificates in writing, over their signatures, of the 
number of votes given in the county for each of the can- 
didates for any of said offices. One of the certificates 
shall be retained in the Clerk's office, another the Clerk 
shall send by the next mail, under cover, to the Secretary 
of State at the seat of government, and the other he shall 
transmit to the Secretary by any private conveyance the 
Clerk may select, free of cost. 

42. Where two or more counties vote together in the 

choice of a Representative or Senator, the Sheriffs of the 

counties shall, between ten and twelve o'clock in the morn- 

Twoormore ing of the first Monday after the election, meet in 

together, the Clerk's office of the County Court of the county 
first named in the Senatorial or Representative District, 
compare the certificates of the Examining Boards of the 
several counties, and, therefrom, give triplicate or more 
certificates of election, in writing, over their signatures, 
of the persons who appear to have received the highest 
number of votes — one copy of the certificate to be retained 
in the Clerk's office, another delivered to the person 
elected, and the other forwarded to the Secretary of 
State, at the seat of the Government. 



Kentucky and the United States. 23 

43. The Governor, Attorney-General, and Secretary of 

State, and, in the absence of either, the Auditor, or any 

Bo»rdto two of them, shall be a Board for examining the 

examine 

returns, returns of election for any of the following offi- 
cers: Governor, Lieutenant-Governor, or other officer 
elective by the votes of the whole State, or for a Judge of 
the Court of Appeals, Clerk of that Court, Circuit Judge, 
Commonwealth's Attorney, Representative in Congress, 
and electors of President and Vice-President. It shall be 
the duty of said Board, when the returns are all in, or on 
the fourth Monday after the election, whether they are in 
or not, to make out in the Secretary's office, from the 
returns made, duplicate certificates, in writing, over their 
signatures, of the election of those having the highest 
number of votes— one certificate to be retained in the 
office, and the other sent by mail to the person elected. 
If all the returns are not made, the right to contest an 
election shall not be impaired. In the case of the election 
of a Representative in Congress, there shall be three cer- 
tificates — one to be retained in the office, another sent by 
mail to the person elected, and the other sent by mail to 
the Clerk of the House of Representatives, at the seat of 
the Federal Government. 

REVIEW QUESTIONS. 

1. When and how often are elections held? 

2. What are the qualifications for a legal voter in 
Kentucky ? 

3. Who are disqualified from holding office ? 

4. What constitutes a precinct, and what authority 
regulates its boundaries ? 



24 Civil Government of the State of 

5. Who are the officers of election, who appoints them; 
and what are their qualifications ? 

6. What notice must the Sheriff give, and what oath 
are the officers of election required to take ? 

7. When are the porls opened and closed ? 

8. Describe the manner of voting. 

9. What voters are sworn ? 

10. What are the duties of the officers of election ? 

11. Who constitutes the board to examine the poll- 
books, and what are their duties and what restrictions are 
placed upon them ? 

12. Who gathers the poll-books together, and what is 
done with them ? 

13. When does the board to examine poll-books meet, 
and what do they do with the poll-books ? 

14. What certificates are made out by the board to ex- 
amine poll-books ? 

15. What are done with these certificates ? 

16. How is the result determined when two or more 
counties vote together in the choice of a Representative 
or Senator ? 

17. Who constitutes the board to examine the returns 
of election for ' State officers, Congressional candidates, 
Presidential electors, Circuit Judges and Commonwealth's 
Attorneys ? 

18. What is the duty of the board to examine returns ? 

19. What certificates does this board make out, and to 
whom are they sent ? 



Kentucky and the United States. 



25 



CHAPTER IV. 



CIVIL GOVERNMENT OF THE STATE. 



Legislative, General Assembly { | e ™£ of Representatives. 
Governor. 

Lieutenant Governor. 
Secretary of State. 
Treasurer. 

Auditor of Public Accounts. 
Register of the Land Office. 
Attorney -General. 

Superintendent of Public Instruction. 
Board of Education. 
Board of Equalization. 
Board of Internal Improvements. 
k Officers Appointed by the Govenor. 



jj Executive 



Judicial 



f Court of Appeals. 

J Superior Court. 

I Clerk of Court of Appeals. 

( Reporter of Court of Appeals. 



LEGISLATIVE DEPARTMENT. 



44. The legislative power shall be vested in a House 
how vested, of Representatives and Senate, which, together, 

shall be styled the General Assembly of the Common- 
wealth of Kentucky. 

45. The number of Representatives shall be one 
hundred, and the number of Senators, thirty-eight, and 

Ifum ie^i* nd each Representative shall serve for the term of 
two years, and each Senator for the term of four years 
from the day of the general election. 









26 Civil Government of the State of 

46. No person shall be a Representative who, at the 
time of his election, is not a citizen of the United States, 

Qualifications has not attained the age of twenty-four years, 

sentatives. an d w \x has no t resided in the State two years 

next preceding his election, and the last year thereof 

in the county, town or city for which he may be chosen. 

47. Representation shall be equal and uniform in the 
Commonwealth, and shall be forever regulated and 
ascertained by the number of qualified voters therein. 

A Z°nt In the year 1850, again in the year 1857, and 
every eighth year thereafter, an enumeration of all the 
qualified voters of the State shall be made ; and to secure 
uniformity and equality of representation, the State is 
laid off into ten districts. * The number of Representa- 
tives shall, at the several sessions of the General Assem- 
bly next after the making of the enumerations, be appor- 
tioned among the ten several districts according to the 
number of qualified voters in each; and the Representa- 
tives shall be apportioned, as near as may be, among the 
counties, towns, and cities in each district. 

*The counties composing each of the Representative districts 
as apportioned by the Constitution are as follows : 

First District. — Fulton, Hickman, Ballard, McCracken, Graves, 
Calloway, Marshall, Livingston, Crittenden, Union, Hopkins, 
Caldwell, and Trigg. 

Second District. — Christian, Muhlenburg, Henderson, Daviess, 
Hancock, Ohio, Breckenridge, Meade, Grayson, Butler, and 
Edmonson. 

Third District. — Todd, Logan, Simpson, Warren, Allen, Mon- 
roe, Barren, and Hart. 

Fourth District — Cumberland, Adair, Green, Taylor, Clinton, 
Russell, Wayne, Pulaski, Casey, Boyle, and Lincoln. 

Fifth District. — Hardin, Larue, Bullitt, Spencer, Nelson, Wash- 
ington, Marion, Mercer, and Anderson. 

Sixth District. — Garrard, Madison, Estill, Owsley, Rockcastle, 



Kentucky and the United States. 27 

48 No person shall be a Senator who, at the time of 
his election, is not a citizen of the United States, has not 
( JT§X££ S attained the age of thirty years, and who has not 
resided in the State six years next preceding his election, 
and the last year thereof in the district for which he may 
be chosen. 

49. At every apportionment of representation, the 
State shall be laid off into thirty-eight Senatorial districts, 
s ™*itoumew! which shall be so formed as to contain, as near 
as may be, an equal number of qualified voters, and so 
that no county shall be divided in the formation of a 
Senatorial district, except such county shall be entitled, 
under the enumeration, to two or more Senators ; and 
where two or more counties compose a district, they shall 
be adjoining. 

50. The General Assembly shall convene at the seat of 
Government on the first Monday in November, 1851, and 

session, on the same day of every second year thereafter, 
unless a different time be appointed by law. No session 
of the General Assembly shall continue beyond sixty 
days, except by a vote of two-thirds of all the members 
elected to each House. 

51. The members of the General Assembly shall sev- 
erally receive from the public treasury a compensation for 

Laurel, Clay, Whitley, Knox, Harlan, Perry, Letcher, Pike, Floyd, 
and Johnson. 

Seventh District. — Jefferson, Oldham, Trimble, Carroll, Henry, 
and Shelby and the city of Louisville. 

Eighth District. — Bourbon, Fayette, Scott, Owen, Franklin r 
Woodford, and Jessamine. 

Ninth District. — Clark, Bath, Montgomery, Fleming, Lewis, 
Greenup, Carter, Lawrence, Morgan, and Breathitt. 

Tenth District — Mason, Bracken, Nicholas, Harrison, Pendle- 
ton, Campbell, Grant, Kenton, Boone, and Gallatin. 



"23 Civil Government of the State of 

^memberT their services of three dollars a day during their 
^attendance on, and twelve and one-half cents per mile for 
the necessary travel in going to and returning from the 
sessions of their respective Houses. The salary and mile- 
age may be increased or diminished by law ; but no alter- 
ation shall take effect during the session at which such 
alteration shall be made. 

52. The members of the General Assembly shall in 
all cases, except treason, felony, breach or surety of the 
peace, be privileged from arrest, during their attendance 

*££?&£!* at the sessions of their respective Houses, and in 
going to and returning from the same; and for any 
speech or debate, in either House, they shall not be 
questioned in any other place. 

53. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher of any religi- 

ineiigibiiny ous persuasion, society, or sect, nor while he 
membership, holds or exercises any office of profit under this 
Commonwealth, or under the Government of the United 
States, shall be eligible to the General Assembly, except 
attorneys-at-law, Justices of the Peace, and militia officers. 
Attorneys for the Commonwealth, who receive a fixed 
annual salary, shall be ineligible. 

54. No Senator or Representative shall, during the 
term for which he was elected, nor for one year thereafter, 
inedibility of be appointed or elected to any civil office of 

members to i • j»* i i • i " t 1 1 

other offices, profit under this Commonwealth which shall 
have been created, or the emoluments of which shall 
have been increased during the said term, except to such 
offices or appointments as may be filled by the election of 
the people. 



Kentucky and the United States. 29 

55. Not less than a majority of the members of each 
House of the General Assembly shall constitute a quorum 

Quomm. to do business ; but a smaller number may 
adjourn from day to day, and shall be authorized by law 
to compel the attendance of absent members in such 
manner, and under such penalties as may be prescribed 
thereby. 

56. Each House of the General Assembly shall judge 
Election of the qualifications, elections, and returns of its 

members ; but a contested election shall be determined 
in such manner as shall be directed by law. 

57. Each House of the General Assembly may deter- 
mine the rules of its proceedings, punish a member for 

pa R nil e hm a e n n d t3. disorderly behavior, and, with the concurrence 
of two-thirds, expel a member, but not a second time for 
the same cause. 

58. With the exception of the Speaker of the Senate, 
who is the Lieutenant-Governor, elected by the people, 

office, each House has the power to elect its own offi- 
cers. The Senate can, however, elect a Speaker pro tempore 
to take the place of the Lieutenant Governor if he is called 
to the Governor's chair. The House of Representatives 
elects its own Speaker and other officers. 

59. Each House of the General Assembly shall keep 
and publish, weekly, a journal of its proceedings ; and the 

journal, yeas and nays of the members, on any question, 
shall, at the desire of any two of them, be entered on 
their journal. 

60. Neither House, during the session of the General 
Assembly, shall, without the consent of the other, adjourn 

Adjournment, for more than three days, nor to any other place 
than that in which they may be sitting. 



30 Civil Government of the State of 

61. No bill shall have the force of a law, until, on 
three several days, it be read over in each House of the 
Ems. General Assembly, and free discussion allowed 
thereon ; unless, in cases of urgency, four-fifths of the 
House where the bill shall be depending may deem it 
expedient to dispense with this rule. All bills for raising 
revenue shall originate in the House of Representatives. 
The Senate may propose amendments, as in other bills, 
but they shall not introduce any new matter, under color 
of amendment, which does not relate to raising revenue. 
Every bill which shall have passed both Houses shall be 
presented to the Governor. If he approve, he shall sign 
it; but if not, he shall return it, with his objections, to 
the House in which it originated, who shall enter the 
objections at large upon their journal, and proceed to re- 
consider it. If, after such reconsideration, a majority of 
all the members elected to that House shall agree to pass 
the bill, it shall be sent, with the objections, to the other 
House, by which it shall likewise be considered, and if 
approved by a majority of all the members elected to 
that House, it shall be a law ; but, in such cases, the votes 
of both Houses shall be determined by yeas and nays, 
and the manner of the members voting for and against 
the bill shall be entered upon the journals of each House 
respectively. If any bill shall not be returned by the 
Governor within ten days (Sundays excepted), after it 
shall have been presented to him, it shall be a law in 
like manner, as if he had signed it, unless the General 
Assembly, by their adjournment, prevent its return ; in 
which case it shall be a law, unless sent back within three 
days after .their next meeting. No law enacted by the 



Kentucky and the United States. 31 

General Assembly shall relate to more than one subject, 
and that shall be expressed in the title. 

62. The House of Representatives shall have the sole 
power of impeachment. All impeachments shall be tried 
ta S h - by the Senate. When sitting for that purpose, 
the Senators shall be upon oath or affirmation. No per- 
son shall be convicted without the concurrence of two- 
thirds of the members present. The Governor and all 
civil officers shall be liable to impeachment for any mis- 
demeanor in office; but judgment in such cases shall not 
extend further than to removal from office and disquali- 
fication to hold any office of honor, trust, or profit under 
this Commonwealth ; but the party convicted shall, never- 
theless, be subject and liable to indictment, trial, and 
punishment by law. 

^63. The Legislature which shall be chosen next pre- 
ceding the expiration of the time for which any Senator 

ufsf&Mtor. was elected to represent this Commonwealth in 
Congress, shall, on the second Tuesday after the meeting 
and organization thereof, proceed to elect a Senator in 
Congress in place of such Senator going out of office, in 
the following manner : Each House shall openly, by a 
viva voce vote of each member present, name one person 
for Senator in Congress from said State ; and the name of 
the person so voted for, who shall have a majority of the 
whole number of votes cast in each House, shall be en- 
tered on the journal of each House by the Clerk or Sec- 
retary thereof; but if either House shall fail to give such 
majority to any person on said day, that fact shall be 
entered on the journal. At 12 o'clock, meridian, of the 
day following that on which proceedings are required to 
take place, as aforesaid, the members .of the two Houses 



32 Civil Government of ike State of 

shall convene in joint assembly and the journal of each 
House shall be read ; and if the same person shall have 
received a majority of all the votes in each House, such 
person shall be declared duly elected Senator to represent 
said State in the Congress of the United States; but if the 
same person shall not have received a majority of the 
votes in each House, or if either House shall have failed 
to take proceedings as required by this act, the joint 
assembly shall then proceed to choose, by a viva voce vote 
of each member present, a person for the purpose afore- 
said ; and the person having a majority of all the votes of 
said joint assembly, a majority of all the members elected 
to each House being present and voting, shall be declared 
duly elected; and in case no person shall receive any such 
majority on the first day, the joint assembly shall meet at 
12 o'clock, meridian, of each succeeding day during the 
session of the Legislature, and take at least one vote until 
a Senator shall be elected. 

64. When experience shall point out the necessity of 
amending the Constitution, and when a majority of all 
Amendments the members elected to each House of the General 

to the 

constitution. Assembly shall, within the first twenty days of 
any regular session, concur in passing a law for taking 
the sense of the good people of this Commonwealth, as to 
the necessity and expediency of calling a convention, it 
shall be the duty of the several Sheriffs and other officers 
of elections, at the next general election which shall be 
held for Representatives to the General Assembly, after 
the passage of such law, to open a poll for, and make 
return to the Secretary of State, for the time being, of the 
names of all those entitled to vote for Representatives who 
have voted for calling a convention ; and if, thereupon, 



Kentucky and the United States. 



it shall appear that a majority of all the citizens of the 
State entitled to vote for Representatives have voted for 
calling a convention, the General Assembly shall, at their 
next session, pass a law calling a convention, to consist of 
as many members as there 6hall be in the House of Rep- 
resentatives and no more, to be chosen on the first Mon- 
day in August thereafter, in the same manner and pro- 
portion, and at the same places, and possessed of the same 
qualifications of a qualified elector, by citizens entitled to 
vote for Representatives, and to meet within three months 
after their election for the purpose of readopting, amend- 
ing, or changing the Constitution ; but if it shall appear 
by the vote of either year, as aforesaid, that a majority of 
all the citizens entitled to vote for Representatives did 
not vote for calling a convention, a convention shall not 
then be called. And for the purpose of ascertaining 
whether a majority of the citizens entitled to vote for 
Representatives did or did not vote for calling a conven- 
tion, as above, the General Assembly passing the law 
authorizing such vote shall provide for ascertaining the 
number of citizens entitled to vote for Representatives 
within the State. 

REVIEW QUESTIONS. 

1. What are the three departments of Government? 

2. Name the various officers in each department. 

3. In what is the State legislative power vested ? 

4. How many Senators and Representatives are 
there? 

5. What is the length of the term of a Senator? Of 
a Representative ? 

6. What are the qualifications of a Representative ? 
3 



34 Civil Government of the State of 

7. How are Representatives apportioned ? 

8. What are the qualifications of a Senator ? 

9. How are Senators apportioned ? 

10. When, where and for how long are the sessions of 
the General Assembly held ? 

11. What is the compensation of the members of the 
General Assembly? 

12. What counties comprise the Senatorial District in 
which you live ? 

13. Who is Senator from this district at present ? 

14. How many Representatives has this county ? 

15. Name the present Representatives from this 
county or district. 

16. What privileges have members of the General 
Assembly ? 

17. Who are ineligible to membership in the General 
Assembly ? 

18. To what offices are members of the General As- 
sembly ineligible ? 

19. What constitutes a quorum in the General As- 
sembly ? 

20. What can less than a quorum legally do ? 

21. What power has each House over contested seats? 

22. What power has each House in regard to rules 
and punishments ? 

23. Name the officers of each House. 

24. Which of these officers is elected by the people ? 

25. Who is the Speaker of the House of Representa- 
tives at present ? 

26. Who is the present Speaker of the Senate ? 

27. What is said of keeping a journal in each House? 

28. What provision is made regarding adjournment? 



Kentucky and the United States. 35 

29. What is a bill? 

30. In what ways may a bill become a law ? 

31. When do bills become laws? 

32. W^here must bills for raising revenue originate? 

33. What is necessary after a bill has passed both 
Houses before it becomes a law ? 

34. How may a bill become a law without the Gover- 
nor's signature ? 

35. What is said in regard to the subject matter and 
title of a bill? 

36. What is impeachment ? 

37. Who may be impeached by the General Assembly ? 

38. How many members does it take to convict ? 

39. What are the causes, and what the penalty of im- 
peachment ? 

40. Explain how United States Senators are elected ? 

41. Who are the present United States Senators from 
Kentucky? 

42. Explain how the Constitution may be amended. 

43. In what Congressional District do you live ? 

44. What counties compose your district ? 

45. Who is the present Congressman from that district? 



CHAPTER V. 

EXECUTIVE DEPARTMENT. 

Governor. 

65. The supreme executive power of the Common- 
E ££e" Te wealth shall be vested in a Chief Magistrate, 
who shall be styled the Governor of the Commonwealth 
of Kentucky. 



36 Civil Government of the State of 

66. The Governor shall be elected by the qualified 
voters of the State at the time when and places where they 

Election, shall respectively vote for Representatives. The 
person having the highest number of votes shall be Gov- 
ernor ; but if two or more shall be equal and highest in 
votes, the election shall be determined by lot, in such 
manner as the General Assembly may direct. 

67. The Governor shall be elected for the term of four 
Term, years, and he shall be ineligible for the succeeding 

four years after the expiration of the term for which he 
shall have been elected. 

68. He shall be at least thirty-five years of age and a 
^ions?*" citizen of the United States, and have been an 

inhabitant of the State at least six years next preceding 
his election. 

69. He shall commence the execution of the duties of 
his office on the fifth Tuesday succeeding the day of the 

miTSer- general election on which he shall have been 

initiation of.. it-n a • • j i i • 

service, chosen, and shall continue in the execution 
thereof until his successor shall have taken the oaths or 
affirmations prescribed by the Constitution. 

70. No member of Congress, or person holding any 
ineligibility, office under the United States, or minister of 

any religious denomination shall be eligible to the office 
of Governor. 

71. The Governor shall, at stated times, receive for his 
services a compensation, which shall be neither increased 

compensa- nor di m i n i s hed during the term for which he 
was elected. His salary at present is five thousand dol- 
lars per annum. 

72. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeach- 



Kentucky and the United States. 37 

powers, ment. In cases of treason he shall have power 
to grant reprieves until the end of the next session of the 
General Assembly, in which the power of pardoning shall 
be vested ; but he shall have no power to remit the fees 
of the Clerk, Sheriff, or Commonwealth's attorney in 
penal or criminal cases. 

73. He shall be commander-in-chief of the army and 
navy of the Commonwealth, and of the militia thereof, 

J£wl"f except when they shall be called into the service 
of the United States ; but he shall not command person- 
ally in the field, unless advised so to do by a resolution of 
the General Assembly. 

74. He shall have power to fill vacancies that may 
Yacancies. occur by granting commissions which shall ex- 
pire when such vacancies shall have been filled according 
to the provisions of the Constitution. 

75. He shall, from time to time, give to the General 
Message. Assembly information of the state of the Com- 
monwealth, and recommend to their consideration such 
measures as he may deem expedient. 

76. He may, on extraordinary occasions, convene the 
General Assembly at the seat of government, or at a dif- 
Mar convene or ferent place if that should have become, since 

adjourn G«n- . _ . _ 

erai Assembly, their last adjournment, dangerous from an en- 
emy or from contagious disorders; and in case of dis- 
agreement between the two Houses with respect to the 
time of adjournment, he may adjourn them to such time 
as he may think proper, not exceeding four months. 

77. He shall take care that the laws be faithfully exe- 
cuted. He may, also, require information in writing, 

°to!£ x from the officers in the executive department, 



38 Civil Government of the State of 



upon any subject relating to the duties of their respective 
offices. 

Lieutenant- Governor. 



78. A Lieutenant-Governor shall be chosen at every 
Election, re g U } ar election for Governor, in the same man- 
ner, to continue in office for the same time. He must 
possess the same qualifications as the Governor. 

79. He shall, by virtue of his office, be Speaker of the 
Duties. Senate; have a right, when in committee of the 

whole, to debate and vote on all subjects, and when the 
Senate is equally divided, to give the casting vote. 

80. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the 

^Govlmor. State, the Lieutenant-Governor shall exercise all 
the power and authority pertaining to the office of Gov- 
ernor, until another be duly elected and qualified, or the 
Governor absent or impeached shall return or be acquitted. 

81. The Lieutenant-Governor, or Speaker pro tempore of 
the Senate, while he acts as Speaker of the Senate, shall 

compensa- rece i ve f or hi s services the same compensation 
which shall, for the same period, be allowed to the Speaker 
of the House of Representatives, and no more ; and dur- 
ing the time he administers the government as Governor, 
shall receive the same compensation which the Governor 
would have received had he been employed in the duties 
of his office. 

Secretary of State. 

82. The Governor shall nominate, and, by and with 
the advice and consent of the Senate, appoint a Secretary 

me p n p t?etc'. of State, who shall be commissioned during the 
term for which the Governor was elected, if he shall so 
long behave himself well. 



Kentucky and the United States. 39 

83. He shall keep a fair register and attest all the offi- 
cial acts of the Governor, and shall, when required, lay 

Duties, the same, and all papers, minutes and vouchers 
relative thereto, before either House of the General Assem- 
bly, and shall perform such other duties as may be required 
of him by law. 

84. The Secretary of State, with the assent of the 
Governor, may appoint an assistant Secretary, who, in 

Assist, case of the absence or indisposition of the prin- 
pal, may do the business of his office in his name ; and 
the Secretary shall be responsible for the acts of such 
Assistant. 

85. The Secretary of State must reside at the seat of 
SseaL Government; and he shall provide and keep the 

seal of the Commonwealth. 

86. He shall, at the close of each session of the General 
Assembly, inspect the papers and documents which 
Exaltation rema j n w ith the unfinished business, and care- 
balers! 11 fully file in his office such as he considers worthy 

of preservation, with proper labels affixed thereto, desig- 
nating the session to which the same belong. 

87. He shall have the custody of the books, records, 
deeds, maps and papers belonging to his office, or that 

orb£>k?etc. may be deposited therein, and shall arrange and 
preserve the same. Copies of records and papers in his 
office, certified by him, shall, in all cases, be evidence 
equally with the originals. 

88. The salary of the Secretary of State is fifteen hun- 
compensa- ^ re( j d u arg p er y ear> to be paid monthly out of 

the Treasury. 






40 Civil Government of the State of 

Treasurer of State. 

89. The Treasurer of State is elected by the qualified 
Election, etc. voters of the State for the term of two years from 

the first Monday in January next succeeding his election. 

90. He shall, on or before the first Monday in January 
next succeeding his election, take the oaths of office, and 

0a bond a,ld execute bond, with surety worth at the time, 
jointly or severally, three hundred thousand dollars, to be 
approved by the Governor, and filed in the office of the 
Secretary of State, stipulating for the faithful discharge 
of the duties of his office. 

91. No person shall be elected or appointed Treasurer 
unless he be a citizen of the United States, at least twenty- 

Qu tfo 1 n fi s ca ' four years of age, nor unless he has resided 
within the State of Kentucky two years next preceding 
his election or appointment. 

92. The Treasurer shall reside and keep his office at 
the seat of government. He shall receive and safely keep 

Duties, in the Treasury all money due or payable to the 
Commonwealth from collectors of revenue, public officers, 
and others, when tendered, accompanied by the permit of 
the Auditor of Public Accounts, stating the amount to 
be received, on what account, and from whom to be re- 
ceived. He shall immediately make out a receipt for the 
amount received, and for what, and of whom received, 
and deliver it to the Auditor, who shall, in like manner, 
give a receipt to the officer or person paying the same. 
He shall pay out no money from the treasury, even though 
the Auditor issues a warrant therefor, unless the law 
under which the same may be claimed expressly directs 
and orders that the money shall be paid out of the public 






Kentucky and the United States. 41 

treasury. He shall not receive into or pay out any money 
from the Treasury, except upon the certificate or warrant 
of the Auditor. 

93. The Salary of the Treasurer of State is two 
fempenu- thousand four hundred dollars per year. 

Auditor of Public Accounts. 

94. The Auditor of Public Accounts is elected by the 
■lection, etc. qualified voters of the State, at the general elec- 
tion, for the term of four years from the first Monday in 
January next succeeding his election. 

95. He shall, on or before that day, take the oaths of 
office, and execute bond to the Commonwealth, with surety 

0a o^nd and worth at the time, jointly or separately, two 
hundred thousand dollars, to be approved by the Gover- 
nor, and filed in the office of Secretary of State, condi- 
tioned for the faithful discharge of the duties of his office. 

96. No person shall be elected or appointed Auditor 
of Public Accounts who is not at the time over the age 

Qu tio U n^ a ' of twenty-four years, nor unless he shall have 
been a citizen of the United States, and also a resident of 
the Commonwealth of Kentucky, at least two years next 
preceding the period of his election or appointment. 

97. The Auditor and his assistant shall reside and keep 
his office at the seat of Government. The Auditor shall 

Dudes, keep an account of all claims of debt or credit 
which may exist between the general Government and 
this State, and between this State and any other State. 
He shall keep an account between the Commonwealth 
and all her civil officers whose salary or wages are payable 
out of the Treasury ; the compensation to members of 







42 Civil Government of the State of 

the General Assembly and the officers thereof, an account 
of which is to be kept in separate books by the Clerk of 
each House, certified and deposited with the Auditor. 
The Auditor shall keep a separate account of all taxes col- 
lected, so as to exhibit the amount collected under each 
law. He shall keep a correct list of all balances due by 
the Commonwealth to individuals, and by individuals to 
the Commonwealth, and report the same to the General 
Assembly at every regular session thereof; and he shall 
also report to the General Assembly, when required, all 
and any information connected with the business of his 
office. He shall grant written authority to the Treasurer 
to receive money from public officers, or other persons, due 
to the Commonwealth, stating the person, the amount to 
be paid in, and on what account paid, and charge the 
same to the Treasurer, in an appropriate book, under its 
proper head. 

98. He shall keep the accounts of his office so that 
they will truly and clearly exhibit the amount of all 

Records, moneys paid into the Treasury, by whom, and 
for what account paid ; and also, in like manner, exhibit 
the amount of public expenditures, and each item therefor. 
He shall keep an accurate account in books of all war- 
rants and certificates by him drawn or issued, showing in 
due succession the date, number and amount of the war- 
rant, for what, and to whom issued. The books and papers 
of his office shall at all times be subject to the inspection 
of the Governor. 

99. The Auditor, on or before the sixth day of every 
regular session of the General Assembly, shall faithfully 

Reports, report the annual income and expenses of the 
Government for the two years preceding the tenth of 



Kentucky and the United States. 43 

October of each year, in such a manner as to exhibit the 
sources of the income, and objects of expenditure, in 
detail and in the aggregate ; and also an estimate of the 
revenue and expenditures for each of the succeding two 
years, commencing and ending the fiscal year on the tenth 
day of October. He shall report all deficiencies of reve- 
nue to meet the expenditure of government; and also a 
statement of all sums due the Commonwealth, when, for 
what, and from whom due. The Auditor shall, when 
required, furnish the Governor any information in his 
power concerning the condition of the Treasury, the state 
of the public finances, and such other information con- 
cerning the business of his office which the good of the 
public service may demand. 

100. The Auditor shall receive an annual salary of 
compensa- twenty-five hundred dollars, payable monthly at 

the Treasury, upon the requisition of the Governor. 

Register of the Land Office. 

101. The Register of the Land Office is elected by the 
Election, etc. qualified voters of the State, at the general elec- 
tion, for the term of four years. 

102. The Register of the Land Office shall, before en- 
tering upon his duties, execute to the Commonwealth a 

Bond, covenant with two or more sureties, to be approved 
by the Governor, worth at least ten thousand dollars, 
which covenant shall be conditioned for the faithful dis- 
charge of all the duties of his office, and which shall be 
deposited in the office of the Auditor of Public Accounts. 

103. The Land Office shall be under the care and con- 
trol of the Register, who may, from time to time, appoint 

Dutie.. not more than two deputies to aid him therein. 



44 Civil Government of the State of 

He shall deliver to the owner any land warrant in his 
office only partially appropriated, with an indorsement 
showing how much remains to be appropriated. All fees, 
including that for issuing the patent, shall be paid on 
filing a survey to the Register, and he shall pay the same 
to the Treasurer. He shall not suffer any of the books or 
papers of his office to pass into the hands of any unau- 
thorized person, nor shall he permit any one but his depu- 
ties to have access thereto. 

104. The Register shall report to the Governor on or 
before the tenth day of October of each year, the number 

Reports, of patents issued and 'copies supplied, and the 
amount of the fees received therefor and paid over to the 
Treasurer, and take his receipt therefor, and publish the 
same, with his report, to the Governor. 

105. The Register of the Land Office shall receive a 
compensa- sa i arv f i w0 thousand dollars per year, to be paid 

monthly out of the treasury. 

Superintendent of Public Instruction. 

106. A Superintendent of Public Instruction shall be 
Election, etc. elected by the qualified voters of the Common- 
wealth at the same time the Governor is elected, who shall 
hold his office for four years. 

107. He shall take the oath and enter upon the duties 
oath, etc. of his office on the first Monday succeeding the 

inauguration of the Governor. 

108. He shall keep his office at the seat of Government 
in such suitable buildings as may be provided, and shall 

Duties, devote his entire time and attention io the duties 
of his office. He has general supervision of the common 
schools. He may, from time to time, visit each year any 



Kentucky and the United States. 45 

and different portions of the State for the purpose of in- 
vestigating and directing the operations of the common 
school system, and promoting, by addresses or otherwise, 
the cause of popular education. He shall keep an account 
of all the orders drawn or countersigned by him on the 
Auditor, of all the returns of settlements and of all 
changes in the office of County Superintendent, which 
shall be furnished to the Auditor whenever required. He 
shall prepare suitable blanks for reports, registers, certifi- 
cates, notices and such other official documents as may 
be provided for by law, and shall cause the same, with 
such instructions and information as he may deem neces- 
sary to a proper understanding and use of them, to be 
transmitted to the officers and persons intrusted with the 
execution of the provisions of the school law. It shall be 
his duty to report any habitual neglect of duty, or any 
misappropriation of common school funds on the part of 
any of the county superintendents or trustees of common 
schools in the Commonwealth. 

109. He shall, biennially, on or before the meeting of 
the General Assembly, make report of the condition, 

Reports, progress, and prospects of the common schools; 
the amount and condition of the school fund; how its 
revenue for the two preceding school years had been dis- 
tributed; the amount produced and disbursed for com- 
mon school purposes from local taxation or other sources, 
and how and for what the same was expended; an ab- 
stract of the county superintendents' reports; the prac- 
tical workings of the common school system of the State, 
with suggestions as to any alterations it may require; all 
of which, together with such other facts, statistics, and 
information, as may be deemed of interest to be known, 



46 Civil Government of the State of 

he shall deliver to the Public Printer, and cause to be 
printed a copy for each school district in the State, three 
hundred and fifty copies for the use of the members of 
the Legislature and for exchange with the Superintend- 
ents of Public Instruction of other States, and five hun- 
dred copies for distribution by the Superintendent as he 
thinks best. The Superintendent, in his report, shall set 
forth the objects, methods of admission, etc., to the insti- 
tions for the blind, the deaf and dumb, and the feeble- 
minded; and, to aid him in his work, the superintend- 
ents of those institutions shall be required, annually, by 
the first day of September, to furnish the Superintendent 
of Public Instruction with such a condensed statement 
of their respective institutions as it would be profitable 
to publish. 

110. He shall have published for annual distribution 
throughout the State, the general school laws of the State, 

school law. abstracts of the decisions of the Appellate Courts, 
and of the Attorney-General on points of school law, and 
construction thereof; and information and instructions 
in regard to application of the school law and the man- 
agement of the common schools. 

111. The Superintendent of Public Instruction shall, 
at the written request of any County Superintendent of 

Decisions, common schools, decide any question of differ- 
ence or doubt having reference to the interests of common 
schools in his county. The decisions of the Superin- 
tendent of Public Instruction shall, in such cases, be 
final, unless further appeal is promptly prosecuted from 
his decision to the State Board of Education within 
thirty days. 



Kerducky and the United States. 47 

112. The salary of the Superintendent of Public 
compensa- Instruction shall be two thousand five hundred 
dollars per annum. 



State Board of Education. 

113. The Superintendent of Public Instruction, the 
Secretary of State, the Attorney-General, and their suc- 

Members. cessors in ofhce, together with two professional 
teachers to be elected by them, shall be a body politic 
and corporate by the name and style of " The Board of 
Education for the State of Kentucky." 

114. The Superintendent of Public Instruction shall 
president, be president of the board, and, with two other 

members, may control its corporate action at any regular 
or called meeting of the board. 

115. The board shall meet on or before the 30th day 
m^ung of June and 30th day of December of each year ; 

and at other times upon the call of the president. 

116. The corporation may take, hold and dispose of 
real or personal estate for the benefit of the common 

Po dS? " d schools of the State. The State Board of Edu- 
cation shall constitute a standing committee, who shall 
prepare rules, by-laws and regulations for the government 
of the common schools of the State, which shall be 
adopted and enforced under the authority and direction 
of the county school superintendents in all cases where 
the trustees shall fail to enforce the same ; shall, from 
time to time, select and recommend a proper course of 
study, and suitable lists of text-books for all the common 
schools of the State, from which lists the county super- 
intendents of the various counties shall adopt the books 



48 Civil Government of the State of 

to be used in their respective counties, which books shall 
not be changed oftener than once every five years. 

State Board of Equalization. 

117. The qualified voters of each Congressional district 
shall, at the election for Representatives in Congress elect 

Election, one of their number to serve as a member of 
the Board of Equalization, who shall hold his office for 
two years. 

118. Each member of said board, before entering upon 
oath, the duties of his office, shall take the oath or 

affirmation prescribed by the Constitution of the State. 

119. Said board shall assemble at the State capital on 
the tenth day of February, annually, and examine the 

Duties, assessments of property, assessed for taxation in 
the several counties of the State, as returned to the 
Auditor, and shall equalize the assessments as provided 
by law ; but said board shall not reduce the aggregate 
assessed valuation in the State ; neither shall it increase 
said aggregate valuation, except in such an amount as 
may be reasonably necessary to a just equalization. 

120. It shall be the duty of the secretary of said board, 
under the direction of the Auditor of Public Accounts, to 

Duties of compile the assessments received from the County 

Secretary in f" . . _ 

vacation. Clerks into tabular statements, convenient for 
the use of the board ; which statements shall be submit- 
ted to the board on the first day of its session in each 
year, or as soon thereafter as the board is organized. The 
secretary shall peform such duties in vacation as shall be 
assigned to him by the board. 

121. Each member of the board shall receive for his 
services the sum of five dollars per day during its sessions, 



Kentucky and the United States. 49 

compens.- an( j ^ en cen t s per mile for each mile necessarily 
traveled in going to and returning from the seat of Gov- 
ernment, to be computed by the Auditor of Public Ac- 
counts, and no other allowance or emolument, directly or 
indirectly, for any purpose whatever, except the sum of 
ten dollars per session to each member, which shall be in 
full for postage, stationery, newspapers, and all other 
incidentals and perquisites. 

Commissioners of Sinking Fund. 

122. The Governor, the Secretary of State, the Attor- 
ney General, the Auditor and Treasurer of the Common- 
wealth shall, ex officio, constitute the commissioners of the 
"Sinking Fund of Kentucky," and by that name and 
style shall be a body corporate and politic, and may con- 
tract and be contracted with, sue and be sued, and do and 
perform all things necessary to execute the duties required 
and the powers vested in them by law. The funds, prop- 
erty, estate, revenues and income belonging to or set apart 
by law to the use of the Sinking Fund, shall be vested in 
and under the control and management of the said com- 
missioners, and it shall be their duty, by the means and 
income of said fund, to protect the credit of the State by 
a faithful and prompt application of the same to the pay- 
ment of interest and principal of the public debt when 
due. 

Officers Appointed by the Governor. 

123. The Governor, by and with the advice and con- 
sent of the Senate, shall appoint some suitable person, at 

suu i n - least thirty years of age, and possessing all the 
qualifications of an elector of the State, as State 



50 Civil Government of the State of 

Inspector and Examiner, who shall serve for the term of 
two years. He shall, before entering upon his duties, take 
an oath to faithfully and diligently perform the duties of 
said position, and execute bond with sufficient security 
in the sum of ten thousand dollars, for the faithful per- 
formance of his duties. It shall be the duty of said In- 
spector and Examiner, once in each year, to inspect and 
examine into the management, conduct, and condition of 
any and all asylums, prisons, feeble minded, and elee- 
mosynary institutions, and public works owned or oper- 
ated by the State, or in which, or the conduct or manage- 
ment of which, the State has any financial interest, or in 
the management of which the State is vested by law with 
any power. It shall .also be the duty of said Inspector 
and Examiner, once in each year, to fully and particularly 
examine into the management and condition of the Au- 
ditor's and Treasurer's office, and as to whether the laws 
regulating the official duties of said Auditor and Treas- 
urer are being fully complied with by them respectively, 
and all money received by them for the State is fully 
accounted for. He shall also have authority to investi- 
gate and examine into the conduct of any other officer in 
the Commonwealth, who is authorized to receive or col- 
lect any money due or going to the Commonwealth, or 
who has the management or control of any property be- 
longing to the State, or in which the State is interested, 
touching his official conduct thereupon. It shall also be 
the duty of said Inspector and Examiner, at any time the 
Governor may order him to do so, to forthwith make an 
investigation of any of the aforesaid offices or institu- 
tions or works, and report the result to the Governor. 
Said Inspector and Examiner shall receive three thousand 



Kentucky and the United States. . 51 

dollars per year and traveling expenses, payable monthly 
out of the treasury upon the warrant of the Auditor. An 
itemized account of the expenses, verified by oath, to be 
made before paid. 

124. The State Board of Pharmacy shall consist of 
seven persons, appointed by the Governor on the first 

st»te Bo»rd Monday in July of every third year. The said 
pharmacy, board shall elect a president and secretary, both 
of whom shall sign all certificates and all other official 
documents. The board meets twice a year, on the second 
Thursday in January and second Thursday of July. 
The duties of said board shall be to examine all appli- 
cants for registration, to direct the registration by the 
registrar of all persons properly qualified or entitled 
thereto. The secretary of said board shall be registrar of 
pharmacists. The compensation of the members of the 
board is entirely in fees. 

125. The Governor shall appoint, by and with the 
advice and consent of the Senate, a commission consisting 

Railroad of three persons, one of whom shall be a resident 
doners. f each Superior Court district of the State, 
which shall be styled the " Railroad Commission." They 
hold office for two years, and must take an oath to faith- 
fully perform and discharge their duties without fear, 
favor or partiality. They meet annually at the office of 
the Auditor in Frankfort on the first day of September 
in each year. It is the duty of said board to inspect and 
examine the books and property of any railroad company 
to ascertain the value of its property, or to ascertain its 
mode of doing business. It is also their duty to see that 
every railroad company shall, on or before the first day 
of September in each year, make and transmit to the 



52 Civil Government of the State of 

commissioners, at their office in Frankfort, under oath of 
proper officers of the corporation, a full and true state- 
ment of the affairs of said corporation, as the same existed 
on the first day of the preceding July. Each commis- 
sioner shall receive for his services the sum of not exceed- 
ing two thousand dollars per annum, payable quarterly. 

126. The State Board of Health consists of six mem- 
bers, appointed by the Governor, and a secretary, elected 

S of a Heauh rd by the members of the board. The secretary is 
the executive officer of the board. The board has general 
supervision over matters which concern the health and 
life of the citizens of the State. It makes inquiries into 
the causes of diseases and suggestions regarding their pre- 
vention and cure. They receive reports from the various 
health officers of the vital and sanitary statistics of the 
State. The secretary receives a salary fixed by the State 
Board of Health, payable quarterly. The other members 
of the board receive only their traveling and other neces- 
sary expenses while employed on the business of the 
board. 

127. The Bureau of Agriculture, Horticulture and Sta- 
tistics shall be under the control and management of one 
o^A^cuuiTre' officer, who shall be known as the Commissioner 

an^statiJtics. of Agriculture, Horticulture and Statistics. He 
shall be appointed by the Governor, by and with the 
advice and consent of the Senate, and shall hold his office 
for the term of two years. He shall keep his office at the 
seat of Government, and take an oath and give bond for 
the faithful performance of his duties. The business and 
efforts of said Bureau shall be directed to the promotion 
of agriculture, horticulture, manufactures and other mat- 
ters provided for by law. The Commissioner shall, annu- 



Kentucky ajxd the United States. 53 

ally, on the first of January, make out and compile a 
report, giving a general review of the agricultural, horti- 
cultural, mineral and industrial resources of the entire 
State, with brief notices of each county, and shall file the 
same with the Governor of the Commonwealth, who shall 
cause to be printed a sufficient number for general distri- 
bution. The salary of the Commissioner shall be two 
thousand dollars per year, to be paid monthly out of any 
money in the treasury not otherwise appropriated. 

128. Commissioners of Deeds are persons appointed 
and commissioned in other States and Territories for the 

SI^dSE! purpose of taking acknowledgments, affidavits, 
etc., to be used in this State. They are practically the 
same as Notaries Public, except that they live outside the 
State. 

129. The Governor shall nominate, and by and with 
the advice of the Senate appoint, as many Notaries Pub- 

! p , u t buc 3 he as to him may seem necessary, who shall hold 
their respective offices for the term of four years. The 
commission of the Governor, on making the appointment, 
must designate the limits within which the Notary is to 
act. Before a Notary acts, he must take an oath, in the 
County Court of his county, that he will honestly and 
diligently discharge his duties, and also execute a bond 
to that effect. Notaries Public have power to certify all 
acknowledgments of deeds or other legal papers, to ad- 
minister oaths, and to certify affidavits. Their compen- 
sation is in fees. 

REVIEW QUESTIONS. 

1. How, when, and for how long is the Governor 
elected? 



54 Civil Government of the State of 

2. What qualifications are necessary in order to 
become Governor? 

3. Who are ineligible to the office of Governor ? 

4. What is the Governor's salary ? 

5. What are his principal powers ? 

6. What is the military power of the Governor ? 

7. What are the powers of the Governor concerning 
vacancies ? 

8. What are the Governor's messages ? 

9. What power has he in regard to convening and 
adjourning the General Assembly ? 

10. What is his general duty ? 

11. Who is the present Governor of Kentucky ? 

12. Tell of the election, qualifications, duties and 
salary of the Lieutenant-Governor. 

13. When does he act as Governor ? 

14. Who is now Lieutenant-Governor ? 

i 

15. How is the Secretary of State chosen, and for how 
long? 

16. What are his duties ? 

17. What is said of his Assistant ? 

18. What of his residence and seal ? 

19. What are his duties in regard to the preservation 
of documents and papers ? 

20. What is his salary ? 

21. Who is the Secretary of State ? 

22. Tell of the election and term of the Treasurer of 
State? 

23. What are his qualifications ? 

24. What are his duties ? 

25. What is his salary ? 

26. Who is Treasurer of State now ? 



Kentucky and the United States. 55 

27. Tell of the election and term of the Auditor of 
Public Accounts. 

28. What are his qualifications ? 

29. What are his principal duties ? 

30. What is said of the records of his office ? 

31. What of his reports ? 

32. What is his salary ? 

33. Who is now Auditor of Public Accounts ? 

34. Tell of the election and term of the Register of 
the Land Office. 

35. What are his principal duties ? 

36. What reports must he make ? 

37. What is his salary ? 

38. Who is the present Register of the Land Office ? 

39. Tell of the election and term of the Superintendent 
of Public Instruction. 

40. What are his duties ? 

41. What reports does he make ? 

42. What is his duty in regard to the distribution of 
the school law? 

43. What is said of his decisions ? 

44. What is his salary ? 

45. Who is now Superintendent of Public Instruction ? 

46. What officers comprise the State Board of Edu- 
cation ? 

47. Who is president of the board ? * 

48. What is the time of meeting? 

49. What are their powers and duties? 

50. Tell of the election and term of the members of 
the State Board of Equalization. 

51. What are their duties ? 



. 56 Civil Government of the State of 

52. Who is secretary of the board, and what are his 
duties ? 

53. What is the salary of the members ? 

54. Who is the member of the Board of Equalization 
from your Congressional district at present ? 

55. What officers comprise the Commissioners of t e 
Sinking Fund ? 

56. What are their duties ? 

57. What officers are appointed by the Governor ? 

58. What are the qualifications, duties, and salary of 
the State Inspector and Examiner? 

59. How is the State Board of Pharmacy organized, 
and what are its duties ? 

60. What are the duties of the Railroad Commissioners? 

61. How are the members of the State Board of Health 
chosen, and what are their duties? 

62. What are the duties of the Commissioner of Agri- 
culture, Horticulture, and Statistics? 

63. Who are Commissioners of Deeds, and what are 
their duties ? 

64. How are Notaries Public appointed, and what 
powers have they ? 

CHAPTER VI. 

JUDICIAL DEPARTMENT. 

130. The judicial power of the Commonwealth, both 
as to matters of law and equity, shall be vested in one 

ySSd. Supreme Court (to be styled the Court of Ap- 
peals), the courts established by the Constitution, and 
such courts, inferior to the Supreme Court, as the Gen- 
eral Assembly may, from time to time, erect and establish. 



Kentucky and the United States. 57 

131. By the jurisdiction of a court, we mean the 
class of cases which it has the power to decide. A court 

dio"^. has original jurisdiction when the case may be 
begun in it; it has appellate jurisdiction when the case is 
brought up to it from a lower court ; it has exclusive 
jurisdiction when it is the only court which has power to 
decide the case. 

132. Before a license shall be granted to any person to 
practice as an attorney-at-law, he shall obtain a certificate, 

Attorneys, from the Couoty Court of the county in which 
he resides, that he is a person of honesty, probity and 
good demeanor, which may be granted from the personal 
knowledge of the County Judge. The applicant then 
files this certificate, together with his application for 
license, with the Clerk of the Court. The Court appoints 
two members of the bar to examine the applicant in his 
knowledge of the law, and if they, after due examination, 
deem him qualified, they will so certify over their signa- 
tures. This certificate, when indorsed by the Judge of 
the Court, becomes the attorney's license to practice in all 
the courts of the Commonwealth. He must also take an 
oath to faithfully perform his duties. No person con- 
victed of treason or felony shall be permitted to practice 
in any court as council or attorney-at-law. 

Court of Appeals. 

133. The Court of Appeals shall consist of four judges, 
any three of whom may constitute a court for the transac- 

judges. tion of business. For their election the State is di- 
vided into four districts, and one judge is elected from each 
district by the qualified voters therein. Their term is eight 



58 Civil Government of the State of 

years, and the salary of each is four thousand dollars per 
year. One judge retires at the end of every two years, 
and the retiring judge is Chief Justice for the last two 
years of his term of office. 

134. There shall be no terms of the Court of Appeals,, 
but the Court shall be held every juridical day in each 

Terms, year, except in the months of July and August, 
if the same shall be necessary for the disposal of all the 
business upon the docket. The Court shall, by its own 
order, declare what shall be regarded as a term, or the 
commencement or end of a term, in order to conform to 
any law or rule of court requiring anything to be done 
before the commencement or after the end of a term, or 
within a certain number of terms, and said order shall be 
so framed as that there shall be two terms in each year. 

135. The Court of Appeals shall have appellate juris- 
diction only, which shall be co-extensive with the State, 

Ju ti 1 on dic " under such restrictions and regulations, not re- 
pugnant to the Constitution, as may, from time to time, 
be prescribed by law. 

Clerk of the Court of Appeals. 

136. The Clerk of the Court of Appeals is elected by 
Election, etc. the qualified voters of the State for a term of 

eight years. 

137. He must keep his office open during business 
hours ; preserve all records and books of the court ; admin- 
Duties, ister oaths; attend all sessions of the Court in 

person or by deputy; sign, seal and issue all processes of 
the Court, and keep a complete record of all cases dis- 
posed of. 



Kentucky and the United States. • 59 



Sergeant of the Court of Appeals. 

138. The Sergeant is appointed by the judges of the 
men^ew. Court of Appeals for a term of four years. He 

gives bond for ten thousand dollars. His pay is three 
dollars per day and fees. 

139. He shall perform towards the Court of Appeals 
all the duties required by law from a Sheriff towards a 

Duties. Circuit Court, and for any breach or neglect of 
duty he shall be subject to the same fines and penalties as 
are prescribed by law against sheriffs for a like breach or 
neglect of duty. 

Reporter of the Court of Appeals. 

140. The Court of Appeals shall, biennially, appoint 
A ™nu~ a Reporter of its decisions. The appointment 

must be entered upon its records. 

141. The Court will direct what decisions delivered by 
it are to be published, and the Reporter shall have the 

Duties, decisions of the Court printed in letters and on 
paper of proper size and of superior quality. The Repor- 
ter shall be allowed by the Commonwealth after the rate 
of one dollar and fifty cents for every one hundred pages 
of the decisions, tables, and indices so printed, if well 
bound in calf-skin, with full indices and marginal notes ; 
but the above price is to be paid for three hundred copies 
only; and if a greater number is furnished, he shall be 
allowed, for the residue, the customary price at which the 
book is sold. 

Attorney- General. 

142. The Attorney-General is elected by the qualified 
■lection, voters of the State at the general election for the 

term of four years. 



60 Civil Government of the State of 

143. It shall be the duty of the Attorney-General, 
upon the application of any executive or ministerial 

Duties, officer of this Commonwealth, to give such officer 
his opinion, in writing, touching any of the duties of his 
office ; and, when requested by any of the executive or 
State officers, to prepare proper drafts of contracts, obliga- 
tions, or other instruments of writing which may be 
required for public use. The Attorney-General shall 
attend, in behalf of the Commonwealth, to all cases in 
which she may be interested, whether in the Franklin 
Circuit Court, the Court of Appeals, or the Courts of the 
United States for the District of Kentucky; and shall 
institute the proper procedure to coerce payment of all 
demands of the Commonwealth payable at the Treasury 
not discharged in proper time. 

144. The salary of the Attorney-General is five hundred 
c 8 °a«on n " dollars per year, and an additional compensation 

in fees. 

Superior Court. 

145. The Superior Court shall consist of three Judges, 
who shall have the same qualifications as are now required 

judges, by law for Judges of the Court of Appeals. Any 
two of them may constitute a court for the transaction of 
business. The State is divided into three districts, and 
one Judge is elected from each district by the qualified 
voters thereof. Their term of office is four years, and the 
salary of each is three thousand six hundred dollars per 
year. 

146. There shall be no terms of the Superior Court, 
but the Court shall be held every juridical day in each 

Terms, year, except in the months of July and August, if 
the same shall be necessary for the disposal of all the 



Kentucky and the United States. 6t 

business on the docket. The Superior Court shall, by its 
order, declare what shall be regarded as a term or the 
commencement or end of a term, in order to conform to 
any law or rule of Court requiring anything to be done 
before the commencement or after the end of a term, or 
within a certain number of terms, and said orders shall 
be so framed that there shall be two terms in each year. 

147. The Superior Court shall have original jurisdic- 
tion of escheats, and it shall have appellate jurisdiction 

dfiTo.. over the final orders and judgments of all other 
courts of the Commonwealth that the Court of Appeals 
now has, except where there is involved (1) the validity 
of a statute ; (2) the title to a freehold or right to a fran- 
chise ; (3) nor in cases of felony; (4) the probate of a will ; 
(5) judgments for money or personal property, if the 
value in controversy be greater than $3,000, exclusive of 
interest and costs. 

148. The Clerk of the Court of Appeals shall be ex 
officio Clerk of the Superior Court. It shall be the duty 

of the Attorney-General to represent the Com- 
monwealth of Kentucky in all cases pending in the 
Superior Court to which it is a party. 

149. The Court of Appeals shall have appellate juris- 
diction over the final orders and judgments of the Supe- 

Appeau. rior Court in all cases except the following : 1. 
Those for fines or for the recovery of money or personal 
property where the amount of the fine or the value in 
controversy is less than one thousand dollars, exclusive of 
interest and costs. 2. Those where the judgments of the 
lower court have been affirmed by the Superior Court 
without a dissenting vote. 



62 Civil Government of the State of 



REVIEW QUESTIONS. 

1. In what is the judicial power of the Common- 
wealth vested? 

2. What is meant by the jurisdiction of a court? 
Original jurisdiction? Appellate jurisdiction? Exclu- 
sive jurisdiction ? 

3. What is said of attorneys ? 

4. Of how many judges does the Court of Appeals 
consist ? 

5. How many constitute a quorum to transact busi- 
ness? 

6. How are they elected ? 

7. What is the length of their term of office ? 

8. What is the salary of each Judge ? 

9. Which Judge is Chief Justice ? 

10. How often and when does the Court of Appeals 
meet ? 

11. In which district do you live ? 

12. Who is the present Supreme Judge from your dis- 
trict? 

13. Who are the judges from the other districts? 

14. What is said of the jurisdiction of the Court of 
Appeals ? 

15. How is the Clerk of the Court of Appeals elected ? 

16. What is the length of his term ? 

17. What are his duties ? 

18. Who is now Clerk of the Court of Appeals ? 

19. How is the Sergeant of the Court of Appeals 
elected ? 

20. What are his duties ? 

21. Who is the present Sergeant ? 






Kentucky and the United States. 63 

22. How is the Reporter of the Court of Appeals 
elected ? 

23. What are his duties? 

24. Who is now the Reporter of the Court of Appeals? 

25. How and for how long is the Attorney-General 
elected ? 

26. What are his duties ? 

27. What is his salary ? 

28. Who is the present Attorney -General ? 

29. Of how many judges does the Superior Court con- 
sist? 

30. How are they elected ? 

31. How long do they serve ? 

32. What is their salary ? 

33. In which district do you live ? 

34. Name the Superior Judge of your district. 

35. Name the Superior Judges of the other districts. 

36. How often and when does the Superior Court 
meet? 

37. What is said of its jurisdiction ? 

38. What is said of other officers of the Superior 
Court? 

39. What appeals may be taken from the decisions of 
the Superior Court, and to what court are they taken ? 



64 



Civil Government of the State of 



CHAPTER VII. 



CIVIL GOVERNMENT OF THE COUNTY 



Civil Government 
of the County. 



Legislative 



County Court. 
Court of Claims. 

f Sheriff. 
Coroner. 



Executive - 



Jailer. 



Judicial 






Surveyor. 
County Superintendent. 
Circuit Court Clerk 
County Court Clerk. 

' Circuit Court. 
Court of Common Pleas. 
Criminal Court. 
Chancery Court. 
County Court. 
Quarterly Court. 
Court of Claims. 
Circuit Court Clerk. 
County Court Clerk. 
Commonwealth's Attorney. 
County Attorney. 
Sheriff. 



150. The State of Kentucky is divided into one hun- 
dred and eighteen counties. These have the same officers 

counties, and are governed in the main by the same laws. 
The county seat of a county is a town located generally 
as near the center of the county as is convenient. The 
courts of the county meet here ; the court house, jail and 
offices of the various county officers are located here. 



Kentucky and the United States. 65 

LEGISLATIVE DEPARTMENT. 

County Court and Court of Claims. 

151. To a certain extent the County Court and Court 
of Claims are legislative bodies. They make certain levies 

L pjwerl!" of taxes and have charge of certain county affairs. 
Their duties, however, are principally of a judicial char- 
acter, and will be discussed under that head. 

EXECUTIVE DEPARTMENT. 

Sheriff. 

152. The Sheriff is elected by the qualified voters of 
the county for the term of two years, and he is not eligi- 
nection, etc. ble for more than two terms in succession. He 
takes an oath and gives bond for the faithful performance 
of his duty. 

153. Every Sheriff may, by and with the approval of 
the Court, appoint his own deputies, and may revoke the 

andTuTes. appointment at his own pleasure. The Sheriff 
is responsible for the acts of his deputies. The Sheriff, by 
himself or deputies, shall execute and make due return 
of all notices and all processes which come to and may be 
lawfully executed by him, against any person or property 
in his county. It shall be his duty and the duty of his 
deputies to receive and collect fines and forfeitures, and 
all officers' fees listed with him. It shall be the duty of 
each Sheriff, by himself or his deputies, to execute all 
persons condemned to be hung, and to convey all persons 
to the penitentiary condemned to confinement therein, 
and to execute the sentence of the court in other criminal 
5 



66 Civil Government of the State of 

and penal cases. He shall, by himself or deputies, attend 
and keep order in the Circuit, County and Quarterly Court, 
and the Court of Claims of his county. He shall obey the 
orders of said courts. 

154. The pay of the Sheriff is in fees, varying according 
C 8°adon nJ to the amount of business transacted. 

Coroner. 

155. The Coroner is elected for the term of four years, 
Election, etc. or to serve as long as the County Judge serves. 

He shall take ah oath and give bond for the faithful 
performance of his duties. 

156. It shall be the duty of the Coroner, upon request, 
to hold an inquest upon the body of any person slain, 

Duties, drowned, or otherwise suddenly killed, or where 
any house be broken. His jury shall be composed of six 
good and lawful housekeepers of the county, summoned 
and sworn by himself, who upon their oaths, shall inquire 
and say, in writing, if they know in what manner the 
person came to his death, or the house broken; when, 
where, how, and by whom, and who were present, and 
who are culpable of the act. 

157. He may act as Sheriff in certain contingencies, 
A s c he n rfff a3 when the Sheriff is incapacitated, or interested 

in the cause, or where the Sheriff is a candidate, he per- 
forms all the duties of the Sheriff pertaining to that elec- 
tion. 

158. c s ° a uo! n ' The pay of the Coroner is in fees. 



159. The Assessor is elected at the same time, and for 
the same term, that the presiding Judge of the County 



Kentucky and the United States. 67 

Election, e.:. Court is elected. He has power to appoint as 
many assistants as may be necessary and proper. He 
takes an oath and gives bond for the faithful discharge of 
his duties. 

160. He shall commence the duties of his office on 
the fifteenth day of September in each year, and he shall 

Duties, assess his county, city, or town, by Justices' dis- 
tricts, in a separate book, and he shall so proceed with 
each and every other district of his county, city, or town, 
subject to taxation. He shall complete his list and return 
his tax books to the County Clerk by the fifteenth day of 
December in each year, together with the statement of 
conveyances, etc., furnished him by the Clerk. 

161. He receives for his services four cents on the one 
hundred dollars on the first million of assessment, and 

c S n ' one and one-quarter cents on the one hundred 
dollars on the excess over one million dollars. If the total 
assessment in the county does not exceed one million dol- 
lars, he receives four and a half cents on the one hundred 
dollars' worth of assessed property. 

Jailer. 

162. The Jailer is elected at the same time and for the 
Election, etc. same term that the presiding judge of the County 

Court is elected. He must take an oath and give bond 
for the faithful performance of his duty. 

163. The County Jailer shall also be jailer and an offi- 
cer of the Circuit and County Courts for his county, and 

Dntie*. as such shall discharge and perform all the duties 
and acts prescribed by law. The Jailer of each county 
shall receive and keep all persons in the jail who shall be 
charged. He shall treat them with humanity and furnish 



68 Civil Government o* the State of 

lawfully committed thereto until they are lawfully dis~ 
them with proper food and lodging during their confine- 
ment. Each Jailer shall have the custody, rule and 
charge of the jail in his county, and of all persons in the 
jail, and shall keep the same himself. He shall not reside 
more than four hundred yards from the jail, and where it 
is such as admits the residence of a family therein, he 
shall reside in the jail. 

164. The compensation of the Jailer is in fees, payable 
^Son"" out of the Treasury and the county levy. 

Surveyor. 

165. The Surveyor is elected at the same time, in the 
Election, etc. same manner, and for the same term, that the 

Judge of the County Court is elected. He must take an 
oath and give bond for the faithful performance of his 
duty. 

166. On the recommendation of the Surveyor of a 
county, one or more deputies may be appointed by the 

andXues. County Court thereof. The Surveyor is answer- 
able for the conduct of his deputies. Every Surveyor 
shall promptly and faithfully execute every order of 
survey made by any Court of lands lying in his county, 
and make out and return a true plat and certificate 
thereof, accompanied by explanatory notes. He shall 
append to the field notes of every survey made by him 
the date of such survey, and the variations of the needle 
from the true meridian, at the time of making such sur- 
vey. He can administer any oath required by law to be 
administered to commissioners appointed to divide land, 
to lay off dower or homestead, to open, alter or close a 



Kentucky and the United States. 



public road, or to open or close a private passway ; and 
he may act as any such commissioner when so appointed 
upon his oath of office. 

167. C S^' The compensation of the Surveyor is in fees. 

County Superintendent. 

168. The County Superintendent shall be elected by 
the qualified voters of each county, at the regular August 

Election, etc. election, and he shall serve for the term of 
four years. He must take an oath and give bond for the 
faithful performance of his duty. 

169. He must be possessed of moral character and 
ability to manage the common school interests of the 

Q uo^ fi 8 ? a ' county efficiently. He shall possess a good 
English education, and shall be competent to examine 
the teachers who shall apply to teach the common schools 
in the county and to certify the same correctly. He 
must be twenty-one years old, a citizen of the United 
States, and have resided two years next preceding the 
election in the State, and one year in the county for 
which he is a candidate. He must also first obtain a 
certificate of qualification from the State Board of 
Examiners. 

170. No County Judge, Justice of the Peace, Circuit 
Clerk, County Clerk, County Attorney, Sheriff, Coroner, 

lug™ Assessor, or teacher, while engaged in teaching, 
shall hold the office of County Superintendent of com- 
mon schools. 

171. The County Superintendent has general supervi- 
sion over the common schools of the county. He must 

«dTut" s . visit each school of the county at least once a 



70 Civil Government of the State of 

year. He forwards to the Superintendent of Public In- 
struction a report of the enumeration of school children 
of his county, and also reports such other school statistics 
to the Superintendent of Public Instruction as the law 
requires. He receives and takes charge of all money dis- 
tributed or appropriated for school purposes in his county, 
and pays out the same for teachers' salaries, and all other 
school expenses. He must keep a detailed account of all 
moneys so received and paid out by him. He shall see 
that all special taxes, fines, forfeitures, etc., for school pur- 
poses, are collected and paid into the State school fund. 
He may administer the oath required of a trustee or a 
teacher of common schools, or of other persons required 
to make oath in matters relating thereto. He shall con- 
duct or superintend in person the examination of all per- 
sons offering themselves for positions as teachers of the 
common schools of his county (except in cities and towns 
organized as one district by special acts of the General 
Assembly), in regard to their moral character, learning 
and ability to teach said schools ; and he shall give a cer- 
tificate of qualification to no teacher whom he has not 
personally and sufficiently examined, or who has not been 
sufficiently examined in his presence. He shall decide 
all questions of difference or doubt having reference to 
the interests of common schools in his county ; but ap- 
peals from his acts and decisions may be had on petition 
of any interested person to the Board of Education. 

172. For all the services rendered by the County 
Superintendent, he shall be allowed a reasonable com- 

C s°a?ion n * pensation, to be fixed by the Court of Claims of 
his county annually, and paid out of the fund raised 
by taxation for this purpose ; but in counties where na 






Kentucky and the United States. 71 

such tax is> levied, then to be paid out of the county levy 
as the salaries to the County Judge and County Attorney 
are now paid. 

173. The County Superintendent shall appoint two 
competent and well-educated persons, who, together with 

county himself, shall constitute a Board of Examiners 

Board of ' 

Examiners. f or th e county, who shall examine all the teachers 
applying to teach the common schools of the county. 
The said Board of Examiners shall hold their sessions on 
the third and fourth Saturdays in July and August, and 
in December and January of each school year, at the 
county seat, and at such other times and places as they 
may appoint, giving public notice thereof, for the exami- 
nation of teachers for the common schools. The board 
may charge each applicant a fee of one dollar for each 
examination made, the proceeds of which shall be divided 
between the two members of the board appointed by and 
acting with the County Superintendent, in proportion to 
the services rendered by them. 

Circuit Court Clerk. 

174. The Circuit Court Clerk is elected at the same 
time, and for the same term, as the Circuit Judge, by the 

Election, etc. qualified voters of the county. He takes an oath 
and gives bond for the faithful performance of his 
duties. 

175. He shall keep a docket of all causes pending in 
the Circuit Court, placing the criminal and penal 

an P d dut7e 9 . prosecutions first on the docket, in the succession 
in which they are filed in his office, and then the civil 
causes in the succession in which they are brought. The 
proceedings of each day shall be drawn up by the Clerk 



72 Civil Government of the State of 

from his minutes in a plain, legible manner, which, after 
being corrected as ordered by the Court, and read in an 
audible voice, shall be signed by the presiding Judge. 
He shall keep his office within two hundred yards of the 
court house. He administers oaths in or out of Court 
touching any matter in which an oath may be legally 
administered. He shall keep his office open, free, and 
accessible, at all reasonable times, except the Sabbath day, 
to every person having a right or claim to business 
therein. He has charge of all the records of the Circuit 
Court, and he performs many other minor duties too 
numerous to mention in a book of this character. 

176. c s S n " His compensation is in fees. 

County Court Clerk. 

177. The County Court Clerk is elected at the same 
time, and for the same term, and in the same manner, as 

Election, etc. the presiding Judge of the County Court. He 
takes an oath and gives bond for the faithful performance 
of his dutj' r . 

178. The County Court Clerk bears about the same 
relation to the County Court as the Circuit Court Clerk 

•ndXu'es. does to the Circuit Court. In addition he per- 
forms many other duties, among which is the issuing of 
marriage licenses and other licenses, except for retailing 
liquors, and the recording of deeds, etc. 

179. c s S n ' His compensation is in fees. 

REVIEW QUESTIONS. 

1. How many counties are there in Kentucky ? 

2. What is meant by the county-seat ? 






Kentucky and the United States. 7J 

3. Bound the county in which you live. 

4. What is the county-seat of your county ? 

5. In what respects are the County Court and Court 
of Claims legislative bodies ? 

6. Tell of the Sheriff's election and term. 

7. What are his principal powers and duties ? 

8. What is said of his compensation ? 

9. Who is the Sheriff of your county ? 

10. Tell of the election and term of the Coroner ? 

11. What are his duties? 

12. When does the Coroner act as Sheriff? 

13. How is the Coroner paid for his services ? 

14. Who is the Coroner of } T our county at present ? 

15. Tell of the election and term of the Assessor. 

16. What are his duties ? 

17. What compensation does he receive ? 

18. Who is the Assessor of your county? 

19. Tell of the election and term of the Jailer. 

20. What are his duties ? 

21. How is he paid for his services ? 

22. Who is the Jailer of your county? 

23. Tell of the election and term of the Surveyor. 

24. What are his powers and duties ? 

25. What is his compensation ? 

26. Who is the Surveyor of your county ? 

27. Tell of the election and term of the County Super- 
intendent. 

28. What are his qualifications ? 

29. Who are not eligible to the office of County Super- 
intendent ? 

30. What are his powers and duties ? 

31. How is the County Superintendent paid ? 



74 Civil Government of the State of 

32. Who compose the County Board of Examiners, 
and what are their duties ? 

33. Who is the County Superintendent of your county? 

34. Tell of the election and term of the Circuit Court 
Clerk. 

35. What are his principal powers and duties? 

36. How is he paid for his services? 

37. Who is the Circuit Court Clerk of your county ? 

38. Tell of the election and term of the County Court 
Clerk. 

39. What are his powers and duties ? 

40. How is he paid ? 

41. Who is the County Court Clerk of your county ? 



CHAPTER VIII. 

JUDICIAL DEPARTMENT. 

Circuit Court. 

180. The State is divided into twelve judicial circuits, 
and in each of these a Circuit Judge is elected for a term 

judges, of six years. The Judge presides over the Circuit 
Courts of the several counties of his district. The salary 
of a Judge of the Circuit Court is two thousand four 
hundred dollars. 

181. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resi- 
de engine dent of the district for which he may be a candi- 

circuit judge, d^e two years next preceding his election, at 
least thirty years of age, and who has not been a prac- 
ticing lawyer eight years, or whose service upon the bench 



Kentucky and the United States. 75 

of any court of record, when added to the time he may- 
have practiced law, shall not be equal to eight years. 

182. The number and length of the terms of the 
Circuit Court are fixed by the General Assembly, and vary 

Terms, according to the amount of business transacted. 
If the business require it, and the same can be done with- 
out interfering with another term in the district, the 
Judge may extend the term of any court. 

183. The Circuit Court has original jurisdiction of all 
matters, both in law and equity, of which jurisdiction is 

jurisdiction, not, by law, exclusively delegated to some other 
tribunal ; and has all power necessary to carry into effect 
the jurisdiction given. 

184. The Circuit Court is a court of record. A full 
R«ord. record of each day's proceedings of the court 

must be kept by the Circuit Court Clerk, and must be 
publicly read, and then signed by the Judge. 

County Court. 

185. The County Judge is elected by the quali- 
fied voters of the county for a term of four years. The 

judge, court, at the Court of Claims, makes an allow- 
ance to the presiding Judge, out of the county levy, for 
his services in holding the County Courts. 

186. No person shall be eligible to the office of pre- 
siding Judge of the County Court, unless he be a citizen 

who eligible of the United States, over twenty -one years of 
county judge. a g e> an( j ghall have been a resident of the county 
in which he shall be chosen one year next preceding the 
election. 

187 The County Court meets monthly at times and 



76 Civil Government of the State of 

Terms, places fixed by the General Assembly, but the 
County Judge has power, at any time in vacation; to call 
a special term. 

188. County Courts have jurisdiction to lay and super- 
intend the collection of the county levy, erect and keep 

jurisdiction, in repair necessary public buildings, bridges and 
other structures, and superintend the same ; regulate and 
control the fiscal affairs and property of the county; make 
provision for the maintenance of the poor, and provide 
for good condition of the public highways in the county ; 
and to execute all of their orders consistent with law and 
within their jurisdiction. 

189. The County Court is a court of record. Before 
every adjournment the minutes of the proceedings of the 

Record, court shall be publicly read by the Clerk, and 
corrected, if necessary, and then the same shall be signed 
by the Judge. The minutes shall be taken in a book 
and carefully preserved among the records. 

Quarterly Court. 

190. The Quarterly Court of each county meets four 
Terms, times a year, once a quarter. 

191. The Quarterly Court has concurrent original 
jurisdiction, both in law and equity, with Justices of the 

jurisdiction. Peace, in all civil proceedings; but the jurisdic- 
tion shall not attach except by consent of the defendants 
in writing, unless one of them resides in the civil district 
which embraces the county seat, or all are non-residents 
of the county. Quarterly Courts have jurisdiction, con- 
current with Circuit Courts, of all actions for the recovery 
of money or personal property, where the matter in con- 
troversy, exclusive of interest and costs, exceeds fifty 



Kentucky and the United States. 77 

dollars, and does not exceed two hundred dollars in 
value. 

Court of Claims. 

192. The Court of Claims is held in each county once 
a year. The County Judge and Justices of the Peace of 
the county, associated together, constitute the court; a 
majority of whom shall constitute a quorum for the 
transaction of business. The jurisdiction of this court is 
confined to laying the county levy, appropriating money, 
and transacting other financial business of the county. 

Commonwealth's Attorney. 

193. The Commonwealth's Attorney is elected by the 
Election, etc. qualified voters of the judicial district, at the 

same time, and for the same term as the Circuit Court 
Judge. 

194. It shall be the duty of the Attorney for the 
Commonwealth to attend each Circuit Court holden in 

Duties, his district, and prosecute all violations of the 
criminal and penal laws therein, and discharge all other 
duties assigned him by law. 

195. He is paid an annual salary of five hundred dol- 
c »tio^ n ' lars, and in addition he is remunerated in fees. 

County Attorney. 

196. The County Attorney is elected by the qualified 
Election, etc. voters of the county, at the same time, for the 

same term, and in the same manner as the presiding 
Judge of the County Court. 

197. Each County Attorney shall attend all County 
Courts held in his county, and shall superintend and 



'78 Civil Government of the State of 

Duties, conduct all cases and business in the court touch- 
ing the rights or interests of the county. He shall give the 
court and the several county officers legal advice concern- 
ing any county business within the jurisdiction of any 
of them. He shall attend the Court of Claims, and 
oppose the allowance of all claims that are not legally 
presented or are unjust. He shall oppose the improper 
grant of tavern license. He shall attend to the prosecution 
of all riots, routs, and breaches of the peace, except in the 
Circuit Court. In certain cases he assists the Common- 
wealth's Attorney in the Circuit Court. 

198. He shall be allowed annually, at the Court of 
c s °auon n " Claims, a reasonable salary out of the county levy. 

The Jury System. 

199. The court shall appoint three Jury Commission- 
ers, possessing the qualifications prescribed for petit jury- 

mis r s y ion°e?s. men, resident in different portions of the county, 
and who have no suit in court which requires the inter- 
vention of a jury. The Jury Commissioners, after they 
have been organized and sworn, shall retire to a jury 
room or some other apartment designated by the Judge. 
They shall be kept free from the intrusion of any person, 
and not separate without leave of the court, until they 
shall have completed the duties required of them. 

200. The Jury Commissioners shall select from the 
citizens of the different portions of the county one 

p D etft w jufo?L hundred persons, or a less number if so directed 
by the Judge, free from legal exceptions, of fair character 
and approved integrity, of sound judgment, and well 
informed to serve as petit jurors at the next term of the 
court; write the names of such persons on separate pieces 



Kentucky and the United States. > 79 

of paper, as near the same size and appearance as may be, 
and fold the same so that the name thereon may not be 
seen. The names of the persons so written and folded 
shall then be deposited in a box, and after being well 
mixed and shaken, the commissioners shall draw from 
said box the names of thirty persons, one by one, and 
record the same as drawn, upon paper, which shall be 
certified and signed by them, directed to the Judge of the 
Circuit Court, and indorsed " a list of the standing jury." 
They shall inclose, in like manner, the list of the names 
of the remainder originally selected ; which papers they 
shall deliver to the Judge in open court. The two lists 
shall be sealed and indorsed, and the names of the com- 
missioners written upon the seals, so that the contents 
can not be seen without breaking the seals. The Judge 
shall deliver the lists to the Clerk in open court, and 
administer to the Clerk and his deputies an oath for the 
faithful performance of their duties thereto. Within 
thirty days of the next term, and not before, the Clerk 
shall open the envelope, and make out a fair copy of the 
jury list, and give the same to the Sheriff or his deputy, 
who shall, at least three days prior to the first day of the 
next term, summon the persons to attend on the second 
day of said term, as petit jurors. 

201. The Jury Commissioners, when they select the 
Petit Jury, in the same mode, select not less than thirty- 
gKJs. two citizens and house-keepers qualified to serve 
on the Grand Jury, selecting them, as far as practicable, 
from different parts of the county, from which they shall, 
by lot, select sixteen, who shall be reported to the Court, 
and constitute the Grand Jury for the next term. The 
list so returned, sealed, shall be disposed of by the Court 



80 Civil Government of the State of 

and Clerk, and the Grand Jurymen be summoned in the 
same way and manner by the Sheriff as in case of the 
Petit Jury. 

202. No person shall be a competent Juryman for the 
trial of criminal, penal or civil cases in any Court unless 
Qualifications he be a citizen, at least twenty-one years of age, 
pe«t jarors. a house-keeper, sober, temperate, discreet, and of 
good demeanor. No one, while under indictment, in this 
State or elsewhere, or who has been convicted of a felony 
and not pardoned, is competent to serve as a Petit Juror. 

203. No person shall be qualified to serve as a Grand 
Juryman unless he be a citizen and a house-keeper of the 
Qualifications county in which he may be called to serve, and 
Grand jurors. over the age of twenty-one years. No one, 
while under indictment, in this State or elsewhere, or who 
has been convicted of a felony and not pardoned, is com- 
petent to serve as a Grand Juror. 

204. The Petit Jury shall consist of twelve persons, 
unless the parties agree that it may be composed of a less 

pettwury. number. It is the duty of this Jury to well and 
truly try all cases brought before it, and render a true 
verdict, in accordance with the evidence and the law gov- 
erning such cases. 

205. The Court appoints one of the number of the 
Grand Jury foreman thereof. It is the duty of this jury, 

G?and e jury saving themselves, to diligently inquire of and 
present all treasons, felonies, misdemeanors and breaches 
of the penal laws which shall have been committed or 
done within the limits or jurisdiction of their county, of 
which they have any knowledge or may receive any in- 
formation. 



Kentucky and the United States. 81 

206. If the Grand Jury decide that a person suspected 
indictment, of a crime or misdemeanor is guilty, they return 

an indictment against him, indorsed " A True Bill." 

207. The manner of proceeding in a criminal trial is 
as follows : After an indictment has been found by the 

°S£i n&1 Grand Jury against a person, a warrant is issued 
for his arrest. For all except capital offenses he may give 
bail, by which his bondsmen agree to forfeit a certain 
amount of money if the accused fail to appear tor trial. 
He is then released until the day of trial. When 
the case is brought up in court the indictment is 
read to the accused and he pleads either guilty or not 
guilty. If he plead guilty, there is no need of a trial, the 
Judge merely sentencing the prisoner; but if he plead not 
guilty, the trial proceeds. The Commonwealth's Attorney 
appears for the State, and if the defendant have no attor- 
ney he is furnished one by the Court. Each party may 
challenge and have excused from the jury a certain num- 
ber of jurors. After the jury is impaneled, the evidence 
against and for accused is given, and the Judge charges 
the jury regarding the law governing such cases. The 
jury then retires in charge of the bailiff to consult con- 
cerning the verdict. It requires the unanimous vote of 
the jury to convict, and if there be a reasonable doubt of 
the guilt of the accused, he must be acquitted. If the 
jurors can not agree upon a verdict, the jury is discharged 
and the case must be tried by a new jury. 

208. In a civil case the plaintiff, or party beginning 
the action, files a "complaint" against the defendant in 

th2. the office of the Clerk of the court, and a sum- 
mons is issued notifying the defendant of the suit 
6 



82 Civil Government of the State of 

brought against him. If the defendant makes no appear- 
ance, by himself or attorney, to defend his case, the plain- 
tiff takes judgment by " default." If the defendant 
appear, he files an "answer" to the "complaint" of the 
plaintiff. After the " issues " are made up, the case is set 
for trial. It may, with some exceptions, be tried before 
the court or a jury, as the parties may agree. If either 
party demand a jury, the case must be tried before a jury. 

REVIEW QUESTIONS. 

1. What counties compose the judicial circuit in 
which you live ? 

2. For how long are Judges of the Circuit Court 
elected ? 

3. Who is Judge of the Circuit Court in your district ? 

4. What is his salary ? 

5. How are the number and length of terms decided? 

6. Who is eligible as Circuit Judge ? 

7. When does the Circuit Court meet in your county ? 

8. Tell what you can of the jurisdiction of Circuit 
Courts. 

9. What is said of Circuit Court records ? 

10. What is the County Court ? 

11. For how long are County Judges elected ? 

12. Who is your County Judge ? 

13. How is he paid for his services? 

14. How often does the County Court meet? 

15. Who is eligible as a County Judge ? 

16. When does the County Court meet in your county t 

17. Tell what you can of the jurisdiction of the Cir- 
cuit Court. 



Kentucky and the United States. 83 

18. What is said of County Court records ? x 

19. How often does the Quarterly Court meet? 

20. Tell what you can of the jurisdiction of Quarterly 
Courts. 

21. How often is the Court of Claims held? 

22. Who constitutes the Court of Claims? 

23. What is the jurisdiction of the Court of Claims? 

24. Tell of the election and term of the Common- 
wealth's Attorney. 

25. Mention some of his duties. 

26. How is he paid? 

27. Who is the Commonwealth's Attorney in your 
circuit ? 

28. Tell of the election and term of the County At- 
torney. 

29. What are his duties? 

30. How is he paid ? 

31. Who is the County Attorney in your county? 

32. What are the qualifications and duties of Jury 
Commissioners ? 

33. Explain how Jurors are drawn. 

34. What are the qualifications of a Petit Juror? 

35. What are the qualifications of a Grand Juror ? 

36. What are the duties of the Petit Jury ? 

37. What are the duties of the Grand Jury ? 

38. What is an indictment ? 

39. Tell how a criminal trial is conducted. 

40. Tell how a civil trial is conducted. 



84 Civil Government of the State of 

CHAPTER IX. 

CIVIL GOVERNMENT OF THE DISTRICT. 

OUTLINE. 

Legislative, Trustees. 



Civil Government 

of the 

District. 



Executive. {T-t^ 

W. {conS i :s. thePeaCe - 



209. As the State is divided into counties, so is each 
county divided into districts. The county is divided into 

Districts, districts upon two different bases, for judicial 
purposes and for school purposes. The first are called 
justices' districts and the second are school districts. 

210. The distribution of power in the district remains 
the same as in the county and State, but is less distinctly 

D o s f t po b wer < ! n marked than in the county. There is little need 
of legislative power, and this is performed by the school 
trustees, who have also some executive duties. The judi- 
cial power is exercised by the Justices of the Peace and 
Constables. 

LEGISLATIVE DEPARTMENT. 

School Trustees. 

211. As legislative officers, the Trustees, with the 
advice and consent of the County Superintendent, levy 
and collect certain taxes for school purposes. 



Kentucky and the United States. 85 



EXECUTIVE DEPARTMENT. 

School Trustees. 

212. Each school district is under the control of three. 
Trustees, one of whom is elected each year for the term 

Election, etc. of three years, at the school-house in the dis- 
trict on the first Saturday of June in each year. 

213. Any two of the Trustees constitute a quorum for 
the transaction of business. The title to all school 

»ndd w u e ties. property of the district is vested in them and 
their successors in office. They have general charge of 
all school property, and, under the direction of the County 
Superintendent, the management of school affairs per^ 
taining to the district. They assess and collect certain 
taxes for school purposes. They employ the teacher, 
agree with him as to the compensation, and, for good 
cause, of which he shall first be notified in writing, 
remove him, subject to the approval of the County Su- 
perintendent. It is the duty of the Trustees to invite 
and encourage all the children in the district to attend 
school. One of the Trustees shall visit the school within 
five days alter it opens, and thereafter once a month. 
They have many other duties and reports to make con- 
cerning the schools. * 
Constable. 

214. A Constable shall be elected in every Justice's 
District, who shall be chosen for two years, at such time 
Election, etc. and place as may be provided by law, whose ju- 
risdiction shall be co-extensive with the county in which 
he may reside. He must take an oath and give bond for 
the faithful performance of his duties. 






86 Civil Government of the State of 

215. The Constable is the executive officer of the Jus- 
tice's Court. He serves all warrants, subpoenas and other 

ludTiTtik papers handed to him by the Justice, preserves 
order during the progress of a trial, and enforces the legal 
orders of the Justice. Constables may execute bench 
warrants, warrants of arrest, distress, or other warrants, 
summons, subpoenas, attachments of all kinds, notices, 
rules, and orders of court in all criminal, penal and civil 
cases, and shall return all such processes, noting the 
time of execution on them, to the courts or persons issu- 
ing them. 

216. Com t ?ou sa ' The compensation of Constables is in fees. 

JUDICIAL DEPARTMENT. 

Justices of the Peace. 

217. Two Justices of the Peace are elected in each 
Election, etc. Justice's district to serve for the term of four 
years. They shall take an oath and give bond for the 
faithful performance of their duties. 

218. The jurisdiction of Justices of the Peace is 
co-extensive with the county. They are conservators of 

diction, the peace, and have jurisdiction in all penal cases 
where the fine or penalty is so regulated by law that it 
can not exceed twenty dollars, unless the jurisdiction 
thereof is otherwise specially conferred. They have juris- 
diction, exclusive of Circuit Courts but concurrent with 
Quarterly Courts, of all actions and proceedings for the 
recovery of money or personal property where the matter 
in controversy, exclusive of interest and costs, does not 
exceed fifty dollars in value, and in other cases specially 
provided by statute. 



Kentucky and the United States. 87 

219. Each Justice of the Peace shall hold a court in his 
district for the trial of civil causes, on a day to be fixed 

»nd°Ss. by the presiding Judge of the County Court, in 
the months of March, June, September and December in 
each year, and continue until the business is disposed of. 
Every justice's court is a court of record, and each justice 
shall, in a book provided by him for that purpose, keep a 
full and fair record of his judicial proceedings. They 
may hold court at any time for the trial of criminal or 
penal causes of which they have jurisdiction. 

220. The Justices of the Peace are allowed three dol- 
00 w sa ' lars each per day for attendance at the Court of 

Claims. The balance of their compensation is in fees. 

REVIEW QUESTIONS. 

1. Into what civil divisions are counties divided? 

2. For what two purposes are counties divided into 
districts ? 

3. How many justices' districts are there in your 
county ? 

4. How many school districts ? 

5. What is said of the distribution of power in dis- 
tricts ? 

6. Tell of the election, term, etc., of the School 
Trustees. 

7. What are their powers and duties ? 

8. Who are the Trustees of your district ? 

9. Tell of the election and term of the Constable. 

10. What are his powers and duties ? 

11. How is he paid? 

12. Name the Constable of your district. 



88 Civil Government of the State of 

13. In whom is the judicial power of the district 
vested ? 

14. Tell of the election and term of Justices of the 
Peace. 

15. How many are there in each district ? 

16. Tell what you can of the jurisdiction of Justices 
of the Peace. 

17. What are the powers and duties of Justices of the 
Peace ? 

18. How are they paid ? 

19. Name the Justices of your district. 



CHAPTER X. 

CIVIL GOVERNMENT OF CITIES AND TOWNS. 

221. When people collect in such numbers as to form 

cities and towns, a different form of government from the 

Necessitj for ordinary county and district governments is 

other forms i i /, 

of government, needed. A number of matters which are not 
found in the district or county require attention. The 
streets must be kept in better condition than the public 
roads, and sidewalks must be made ; policemen must be 
employed to preserve order; fire companies must be 
organized to prevent destructive fires. In the larger cities, 
street railways, water-works, gas-works, etc., must be 
established and regulated by law. The General Assem- 
bly , therefore, has delegated to towns and cities the power 
to make and enforce local laws for their government, so 
long as they do not conflict with the General Statutes. 
While they have the same general organization, yet they 



Kentucky and the United States. 89 

vary so much in minor affairs that there are, probably, 
no two of them that have exactly the same organization 
and code of laws. To write an exact and complete civil 
government of them would require a separate chapter for 
each city and town in the Commonwealth, and this 
would make the work too voluminous for a text-book. 
We shall, therefore, give only the general provisions con- 
cerning them, which the student will modify to suit any 
particular town or city. All the officers given in the text 
may not be found in every town or city, while some towns 
and cities may have officers not given in the text. The 
duties of the same officers will not always be the same in 
every town or city, and due allowance must be made for 
this fact. Only such officers have been named, and only 
such of their duties given, as seem to be the most gen- 
eral throughout the Commonwealth. 

THE TOWN. 

222. The County Court of each county, on the appli- 
cation of the ostensible owner, if it deem the same advan- 
■mbiish- tageous and necessary to the public at large, may 
">*»■ establish a town, and thereby vest the title of a 
designated tract of land in trustees and their successors 
for that purpose. The court, in the order establishing a 
town, must give the metes and bounds, and the quantity 
of land embraced therein. It must fix the name of 
the town, and appoint trustees for the same. The land 
so vested in trustees shall be laid off into convenient lots, 
streets, and alleys, and each lot numbered, and each street 
named : and a plat thereof must be recorded in the County 
Court Clerk's office. The lots shall be disposed of by the 



90 Civil Government of the State of 

trustees, at public auction, on such credit as the propri- 
etors may direct, proper notice of the time and place of 
sale being given. The trustees shall, when the sale 
money is paid, convey the title of the lots to the respect- 
ive purchasers or their transferees. 

Town Trustees. 

223. Each town shall annually, the first Monday in 
June, elect five trustees; ten days previous notice, in 

Election, writing, of the time and place of each election, 
must be set up by the clerk of the board, at five of the 
most public places in the town. 

224. No person shall be eligible to the office of a 
eSe. Trustee who is not a citizen of the town and a 

qualified elector of the Commonwealth. 

225. The Trustees of towns may make such rules and 
regulations for the government thereof, not inconsistent 

andXties. with the laws and Constitution of the Common- 
wealth, as they may deem necessary and proper. Three 
Trustees constitute a board to do business. 

226. The Trustees appoint a Clerk, Assessor, Town 
Appointment Warden, Collector and Treasurer, and take from 
other officers, the two latter bond and good surety for the 

faithful performance of their duties. 

THE CITY. 

227. The following outline shows the distribution of 
the powers of government, and the names of the various 
officers, as near as can be given to suit all cities : 



Kentucky and the United States. 



91 



The City. 



Legislative : Council. 
' Mayor. 
Clerk. 
Treasurer. 
Executive *! Marshal 

Street Commissioner. 
Engineer. 
[ School Trustees. 



Judicial 



( Mayor. 

I City Attorney. 



LEGISLATIVE DEPARTMENT. 



Council. 



228. For the election of Councilmen the city is divided 
▼«*. into wards. The Councilmen must be residents 

of the wards from which they are chosen. 

229. The Council holds regular meetings at such times 
Meeuact. as they may designate. The Mayor is the pre- 
siding officer. 

230. The General Assembly has given to the Council 
the power to make laws on matters which concern the 

B 2^L. peace, health or safety of the residents of the 
city. These laws are called city ordinances, and the Coun- 
cil may provide, by fine or imprisonment, for the pun- 
ishment of those who violate them. 

231. The Council has control of the finances and prop- 
erty of the city. It levies taxes for city purposes, and 

££». fixes the salaries of all the city officers. It ap- 
points those of the city officers who are not elected by 
the people. It may provide for the improvement of 
streets and alleys, and other necessary public improve- 
ments. 



92 Civil Government of the State of 



EXECUTIVE DEPARTMENT. 

Mayor. 

232. The Mayor is the chief executive officer of the 
city. It is his duty to see that the ordinances of the city 
are faithfully executed. He has general supervision over 
the subordinate officers of the city. 

Clerk. 

233. The Clerk has the custody of all the books and 
papers belonging to the city. He attends the meetings 
of the Council and records the proceedings of that body. 
He countersigns and registers all licenses, permits, etc., of 
the Council. He draws and countersigns orders upon 
the Treasurer for money drawn from the city treasury 
according to law. He keeps account in books furnished 
for the purpose, of all receipts and expenditures of the 
city government. 

Treasurer. 

234. The Treasurer has charge of all the funds belong- 
ing to the city, and pays them out on orders signed by 
the Mayor and countersigned by the Clerk. He makes 
such reports of the financial affairs of the city as the 
Council may require 

Marshal. 

235. The Marshal executes all orders and processes 
of the Mayor, or the Council. He arrests and commits to 
jail persons who commit crime, or who violate the city 
ordinances. He attends the City Court where he has 
served the processes, and preserves order therein. He sup- 
presses riots and breaches of the peace. 



Kentucky and the United States. 93. 

Street Commissioner. 

236. The Street Commissioner superintends the build- 
ing and repairs of the streets and sidewalks. He also 
recommends to the Council improvements to be made in 
streets and sidewalks. 

. Engineer. 

237. The City Engineer makes plans and estimates of 
proposed public improvements when directed by the 
Council, and superintends the opening of new streets. 

School Trustees. 

238. The School Trustees are usually appointed by 
the Council, but are sometimes elected by the people. 
They have charge of the school affairs of the city, and 
the care of the school property. They employ teachers, 
and make all necessary improvements in school property. 

JUDICIAL DEPARTMENT. 

Mayor. 

239. The Mayor is the chief judicial officer of the city. 
Acting as such, he must hold a city court, and while sit- 
ting as such court he has exclusive jurisdiction in all 
prosecutions for violations of the city ordinances. He 
must keep a docket, as Justices do. 

City Attorney. 

240. The City Attorney is the legal adviser of the city 
officers, and he advises the Council upon matters in ref- 









$4 Civil Government of the State oj 

erence to the action of the Council. He prosecutes 
actions in favor of the city, and defends actions Drought 
against the city. 

REVIEW QUESTIONS. 

1. Why are town or city governments necessary ? 

2. Why is it that a complete and exhaustive civil 
government of towns and cities can not be given ? 

3. Explain how a town may be established. 

4. Tell of the number, election and term of the Town 
Trustees. 

5. Who are eligible to the office of Town Trustee ? 

6. What are their powers and duties ? 

7. What other officers do they appoint ? 

8. Name the officers of each department of the city 
government. 

9. What are city wards ? 

10. Tell of the election of the Councilmen. 

11. What is said of Council meetings ? 

12. What is a city ordinance ? 

13. Name some of the powers of the City Council. 

14. What are the duties of the Mayor as a legislative 
officer ? 

15. What are his duties as an executive officer ? 

16. What are the duties of the Clerk ? 

17. What are the duties of the Treasurer ? 

18. What are the duties of the Marshal? 

19. What are the duties of the Street Commissioner ? 

20. What are the duties of the City Engineer ? 

21. What are the duties of the School Trustees ? 



Kentucky and the United States. 95 

22. What are the duties of the Mayor as a judicial 
officer ? 

23. What are the duties of the City Attorney ? 

24. How does a city differ from a town ? 

25. Do you live in a city or a town ? 

26. How many cities are there in your county ? How 
many towns ? 

27. If you live in a city or a town, make a list of the 
persons now holding city or town offices. 



PAET III 



CIVIL GOVERNMENT or the UNITED STATES. 

OUTLINE. 

r House of Representa- 
Legislative -{ Congress. J tives. 
1 Senate. 
[ Vice-President. 



Civil Govern- 
ment of the 
United States. 



{Supreme Court. 
Circuit Courts. 
District Courts. 



CHAPTER XI. 



LEGISLATIVE DEPARTMENT. 



241. All National legislative power is vested in 
How vested. Congress, which consists of two houses — the 

House of Representatives and the Senate. 

House of Representatives. 

242. The number of Representatives is determined 
by Congress. They are apportioned among the sev- 
portionment." era ^ States according to the number of in- 
habitants, excluding Indians not taxed. Each State is 

divided into congressional districts and one Repre- 

(96) 



Kentucky and the United States. 97 

sentative is elected from each district. The number 
of Representatives can not exceed one for each thirty 
thousand people. The number in the present House 
of Representatives is three hundred and twenty-live, 
and the proportion of Representatives to inhabitants is 
one to each 154,325. 

243. The Representatives are chosen by the voters 
of the States. Any person qualified 'to vote for a 

Ho Term. sen * member of the lower branch of the State 

Legislature may vote for Representative. The term 

is two vears. 
j 

244. In order to be a Representative a person must 
be twenty-five years of age, must have been for seven 

Q Son^ ca " years a citizen of the United States, and at 
the time he is elected must be an inhabitant of the 
State from which he is chosen. 

245. The House chooses its own officers. The 
principal officer is the Speaker, who is chosen from 

Officers. the members. His duties are similar to 
those of the Speaker of the State House of Repre- 
sentatives. He presides over the meetings, and ap- 
points the members of the various committees. Other 
important officers are the Clerk, Sergeant-at-&rms, 
Doorkeeper, and Chaplain. These officers are not 
members of the House. 

246. In addition to the members elected from the 
States, one Delegate is chosen from each organized 

Delegates. Territory. He may engage in debate, but 
has no vote. 



98 Civil Government of the State of 

247. Two powers belong exclusively to the House. 
All bills for raising revenue must originate there, and 

powers. when any officer of the United States is 
impeached the articles of impeachment must be pre- 
pared by its members. 

Senate. 

248. The Senate is composed of two Senators from 
Co Ei P e ction n * each State. They are elected t fr . t& o *Stofe e 
L cgiclaturoa for a term of six years. 

249. In order to be a Senator a person must be 
thirty years of age, must have been for nine years a 

Qu tions Ca " citizen of the United States, and when 
elected, must be an inhabitant of the State from which 
he is chosen. 

250. The presiding officer of the Senate is the 
Vice-President of the United States. He has no vote 

Officers. unless the Senate is equally divided. The 
Senate committees are not appointed by the President 
of the Senate, but are made up by the Senators in 
caucus. The Senate elects one of its members Presi- 
dent pro tempore) to serve during the absence of the 
Vice-President. It also has power to elect its other 
officers. 

251. The Senate has the sole power of trying im- 
peachments. When sitting for that purpose the Sen- 
impeachment, ators are under oath. A majority of two- 
thirds of the members present is necessary for con- 
viction. 



Kentucky and the United States. 99 

PROVISIONS COMMON TO BOTH HOUSES. 

252. Congress meets every year, beginning on the 
first Monday in December. As the Representatives 

Meetings, are elected every two years, the two ses- 
sions following each election are called " A Congress." 
Extra sessions may be called by the President of the 
United States at any time. 

253. Neither house can, without the consent of the 
other, adjourn for more than three days, nor to any 
Adjournment, other place than that in which the two 
houses shall be sitting. 

254. Each house is the judge of the election re- 
turns, and qualifications of its own members. A ma- 
Memto9?s t °etc. J oru T °^ eacn * s a quorum to do business, 
and a smaller number may adjourn from day to day 
and compel the attendance of absent members in such 
manner and under such penalties as each house may 
provide. Each house must keep and publish a journal 
of its proceedings. 

255. Members of Congress are paid from theUnited 
States Treasury. The salaries of both Senators and 

Co ti?n nsa " Representatives are at present five thousand 
dollars per year with mileage at the rate of twenty 
cents per mile. The Speaker of the House of Repre- 
sentatives and the President of the Senate each receive 
eight thousand dollars per year. 

256. No Senator or Representative can, during the 
time for which he was elected, be appointed to any civil 



100 Civil Government of the State of 

Prohibitions, office under the authority of the United 
States which has been created or the compensation of 
which has been increased during such time ; Dor can 
any one holding office under the United States become 
a member of either house during his continuance in 
office. 

257. The manner of making laws in Congress is 
about the same as in the State Legislature. Ev- 
Making Laws, ery bill, in order to become a law, must 
pass both houses. It is then sent to the President, 
who has the same right to veto bills that the Governor 
has to veto the bills of the General Assembly. The 
President is given ten days to sign or veto each bill. 
If he vetoes it, a majority of two-thirds in each house 
is necessary to pass it over his veto. If he keeps the 
bill for more than ten days, Sundays excepted, it be- 
comes a law without his signature. 

POWERS OF CONGRESS. 

Congress has power — 

258. To lay and collect all taxes,* duties, imposts, 
and excises to pay the debts and provide for the corn- 
Taxes, etc. mon defense and general welfare of the 

United States ; but all duties, imposts and excises shall 
be uniform throughout the United States ; 

* There are* two classes of taxes — direct and indirect. Direct 
taxes are those which are levied directly upon property or per- 
sons. Indirect taxes include duties, imposts and excises. Duties 
are taxes laid on imported goods. Imposts are about the same as 
duties. Excises are duties laid upon goods manufactured and 
consumed in the same country. 



Kentucky and the United States, 101 

259. To borrow money on the credit of the United 
fceT. States ; 

260. To regulate commerce with foreign nations, 
c?m g mlrce. anc * among the several States and with the 

Indian tribes ; 

261. To establish a uniform rule of naturalization,* 
Naturaiiza- and uniform laws on the subject of bank- 
Bankruptcy, ruptcy in the United States ; 

262. To coin money ; to regulate the value thereof 
Money. and of foreign coin ; and fix the standard 

of weights and measures ; 

263. To provide for the punishment of counter- 
Counterfeit- ^ e fting the securities and current coin of the 

United States ; 

264. posto-ffices. To establish post-offices and post- 
roads ; 

265. To promote the progress of science and use- 
ful art, by securing for limited times to authors and 

CopyrShS? inventors the exclusive right to their writ- 
ings and discoveries ;t 

♦Before becoming citizens of the United States foreign born 
inhabitants must be naturalized. Congress has provided for 
their naturalization as follows : The person must first make, un- 
der oath, before a court, a declaration that it is his intention to 
become a citizen of the United States. Not less than two years 
after his declaration of intention, and after he has lived five years 
in the United States and one year in the State in which he wishes 
to become naturalized, before a court he renounces his allegiance 
to all other governments and promises to support the Constitution 
of the United States. He then becomes a citizen. 

t Patents are secured by sending to the Commissioner of Pat- 
ents a description and model of the invention. If it is found that 
no similar article has been patented, a patent is issued. Patents 
are issued for seventeen years, and the cost is thirty-five dollars. 



102 Civil Government of the State of 

266. To establish inferior tribunals to the Supreme 

Inferior fVmrf • 
Courts. V^OUrt , 

267. To define and punish felonies committed on 
thehigUseas 1 . the high seas, and offenses against the laws 
of nations ; 

268. To declare war, grant letters of marque and 
War. reprisal,* and make rules concerning cap- 
tures on land and water ; 

269. To raise and support armies ; but no appro- 
Raise armies, priation of money to that use shall be for 
a longer term than two years ; 

270. Navy. To provide and maintain a navy ; 

271. To make rules for the government and regu- 
E Fo?ces. r lation of the land and naval forces ; 

272. To provide for calling forth the militia to ex- 
Cal mi n iftia. rtl1 ecu te the laws of the Union, suppress in- 
surrections and repel invasions ; 

273. To provide for organizing, arming and dis- 
ciplining the militia, and for governing such part of 

0r m3itia. g it as may be employed in the service of the 
United States, reserving to the States respectively 
the appointment of the officers and the authority of 

Copyrights are secured by sending to the Librarian of Congress 
two copies of the book or drawing. Copyrights are issued for 
twenty-eight years, and may be renewed for fourteen years longer. 

* Letters of marque and reprisal are letters issued by the gov- 
ernment to private persons, authorizing them to go beyond the 
borders of the country and capture the property of subjects of 
another nation. If the bearers of these letters are captured by the 
enemy they are treated as prisoners of war and not as pirates, as 
they would be considered if they did not have the letters of marque 
and reprisal. 



Kentucky and the United States. 103 

training the militia according to the discipline pre- 
scribed by Congress ; 

274. To exercise exclusive legislation in all cases 
"whatsoever over such district,* (not exceeding ten 

Government, miles square ) , as may, by cession of par- 
ticular States and the acceptance of Congress, become 
the seat of government of the United States, and to 
exercise like authority over all places purchased, by 
the consent of the Legislature of the State in which 
the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings ; and 

275. To make all laws which shall be necessary 
and proper for carrying into execution the foregoing 
C 1nSefFect7 s powers, and all other powers vested by the 
Constitution in the government of the United States, 
or any department or office thereof. 

PROHIBITIONS UPON THE UNITED STATES. 

276. The privileges of the writ of habeas corpus 
Habeas Corpus (see page 15,) shall not be suspended, un- 
less, when in case of rebellion or invasion, the public 
safety may require it. 

277. No bill of attainder t or ex post facto law 
Bin of Attain- shall be passed. 

der. Ex post 

facto law. 

"This district is called the District of Columbia, and was origin- 
ally ten miles square; it was ceded to the United States in 1790 by- 
Maryland and Virginia. In 1846 the territory ceded by Virginia 
was given back, leaving the district with its present boundaries. 

fA bill of attainder is a law inflicting death on a person, and 
declaring his property forfeited to the Government, when he has 
not been convicted before a court. 



104 Civil Government of the State of 

278. Direct taxes must be laid in proportion to the 
Taxes, export, census. No taxes are to be laid on articles 

etc. 

exported from any State. No preference is to be 
given in the matter of commerce to the ports of one 
State over another. A ship bound to one port is not 
obliged to pay the necessary entrance fees at any inter- 
mediate port. 

279. The money in the treasury can be drawn out 
only when appropriated by Congress. This places the 

Ap tions" a ~ control of the national finances entirely in 
the hands of the legislative department. At every 
session of Congress appropriation bills are passed to 
pay the expenses of the government during the com- 
ing year. 

280. No title of nobility can be granted by the 
United States ; nor can anyone holding office, without 

Nobility. ^ ne consent of Congress, accept any gift, 
title or office from a foreign sovereign or nation . 

PROHIBITIONS UPON THE STATES. 

281. A number of prohibitions are placed upon 
the States relating principally to the powers which 
are given to the general government. Among these 
are the following : No State shall enter into any treaty, 
alliance or confederation ; grant letters of marque and 
reprisal ; coin money ; emit bills of credit ; that is, 
issue notes to be used as money ; make anything but 
gold or silver a legal tender in payment of debts ; pass 
any bill of attainder, ex post facto law or any law 



Kentucky and the United States. 105 

"which would release a person from his obligations ; or 
grant any title of nobility. The States are also pro- 
hibited from laying any duties on imports or exports, 
except a small tax to pay for the inspection of certain 
articles which are liable to be adulterated, and these 
laws must be subject to the revision and control of 
Congress. Neither can any State lay tonnage duties, 
that is duties on ships for the number of tons they 
carry, nor can they keep troops or ships of war in time 
of peace, enter into auy agreement with the States or 
nations or engage in war except in case of rebellion or 
invasion. 

REVIEW QUESTIONS. 

1. In whom is all National legislative power 
vested ? 

2. Of what two houses does Congress consist? 

3. How are Representatives apportioned? 

4. What is the proportion of Representatives to 
inhabitants ? 

5. How many members in the House cf Repre- 
sentatives ? 

6. Who is our Representative? 

7. How and for how long are Representatives 
elected ? 

8. What are the qualifications for Representative? 

9. What is said of the officers of the House? 

10. Who is Speaker of the House at present? 

11 . What are delegates, and what rights have they ? 



106 Civil Government of the State of 

12. What two special powers has the House? 

13. How many Senators are there from each State ? 

14. How many members of the Senate are there? 

15. How and for how long are Senators elected? 

16. Who are the Senators from Indiana, and when 
do their terms expire ? 

17. What are the qualifications for United States 
Senator? 

18. Who is the presiding officer of the Senate? 

19. What is said of the Senate committees? 

20. What power has the Senate regarding impeach- 
ment? 

21. When and how often does Congress meet? 

22. What is meant by "A Congress?" 

23. What is the number of the present Congress? 

24. What is said of adjournment? 

25. What power has each house over its members? 

26. What is the salary of members of Congress? 

27. What is the salary of the Speaker of the House 
and the President of the Senate ? 

28. What prohibition is placed on the members re- 
garding office-holding? 

29. Explain how laws are made. 

30. Give ten of the most important powers of Con- 
gress. 

31. What are duties; imposts; excises; direct 
taxes ? 

32. How may a foreign born person become a cit- 
izen? 



Kentucky and the United States. . 107 

33. Tell how patents and copyrights are secured. 

34. What are letters of marque and reprisal? 

35. Give some of the prohibitions on the United 
States. 

36. What is a bill of attainder? 

37. What are some of the prohibitions placed upon 
the States? 



CHAPTER XII. 

EXECUTIVE DEPARTMENT. 

President. 

282. All National executive power is vested in the 
President of the United States. He, together with the 
Vice-President, is elected for a term of four years in 
the following manner : 

283. In each State a number of electors, equal to 
the number of Representatives and Senators of the 

Electors. State in Congress, is appointed in such a 
manner as the Legislature may direct. The electors 
are now elected on a general ticket by direct vote of 
the people. In some States, however, they have been 
appointed by the Legislatures. The time for the se- 
lection of electors is fixed on the first Tuesday after 
the first Monday in November. No Senator or Repre- 
sentative or person holding an office of trust or profit 
under the United States can be an elector. 



108 Civil Government of the State of 

284. On the first Monday in December the electors 
chosen in each of the States meet at some place, gen- 

*Bi e ectors . f era lty the capital of the State, and proceed 
to vote by ballot for the President and Vice-President, 
one of whom must not be an inhabitant of their own 
State. Three lists of the vote are made and sealed ; 
one is sent by a special messenger to the President of 
the Senate, to be delivered before the first Wednesday 
in January following ; another is sent by mail to the 
President of the Senate, and a third is deposited with 
the Judge of the United States Court of the district in 
which the electors meet. 

285. On the second Wednesday in February the two 
houses of Congress meet in joint session for the purpose 
of counting the votes. The President of the Senate 
presides and opens the lists of electoral votes in the 
CoU vo?e?. th ° presence of both houses. The votes are then 
counted by tellers appointed from both houses. The 
person receiving a majority of the votes for President 
is declared elected President, and the one receiving a 
majority of the votes for Vice-President is declared 
elected to that office. 

286. If no one has received a majority of the votes of 
all the Electors appointed, the House of Eepresentatives* 

Election of proceeds at once to the election of a Presi- 
fhe e Ho e u n seof dent. The election must be made from 
Re tivesf ta " the three persons having the largest num- 

* Two Presidents have been elected by the House of Represen- 
tatives: Thomas Jefferson in 1801 and John Quincy Adams in 
1825. 



Kentucky and the United States. 109 

ber of electoral votes. Two-thirds of the States must 
be represented ; each State has one vote, and the per- 
son elected must secure the votes of a majority of the 
States. If no person is elected President by the fourth 
day of March, the Vice-President becomes President. 

287. If no one has received a majority of the elec- 
toral votes for Vice-President, the right of election 
v?ci e -Pre?id°e f nt £ oes to tne Senate.* The selection must 

Senate. ^ e maQ, e between the two persons baving 
the highest number of votes. Two-thirds of the Sen- 
ators must be present, and a majority of the wholo 
number of Senators is necessary to a choice. 

288. The present method of electing the President 
and Vice-President was adopted in 1804 as an amend- 

n?e r t&of ment to tne Constitution. By the original 
Prelidfn^ 8 article, the Electors each voted for two 
persons for President, the one receiving the highest 
number of votes, providing he received a majority of 
all the votes, became President : and the one receiv- 
ing the next highest became Vice-President. If two 
persons received a majority and the same number of 
votes, the House of Representatives chose one of 
them President. If no one received a majority, from 
the five highest on the list, the House of Representa- 
tives chose the President If after the choice of 
President there were two or more having equal num- 

* But one Vice-President has been elected by the Senate : Rich- 
ard M. Johnson in 1837. 



110 



Civil Government of the State of 



bers of votes, the Senate chose one of them Vice- 
President. 

289. When the electoral system was adopted it 
was intended that each elector should use his personal 

intention of Judgment in voting for the highest officer 

the Electoral J . ? _ _ . _ °. _ „, & _ 

system. m the .Nation, and that the omce should be 
lifted above party strife. It has, however, become a 
mere farce. Each political party nominates its candi- 
dates for President and Vice-President, and the elec- 
tors are chosen wholly with reference to these political 
parties. The result is known long before the meeting 
of the electoral college,* and the meeting of this body 
is nothing more than a form. 

290. The President may be removed from office on 
conviction, by impeachment, of treason, bribery, or 

Vacancy, other high crimes and misdemeanors. 
Whenever the office becomes vacant by reason of the 
President's removal, death, resignation or inability to 
perform the duties of his office, the Constitution pro- 
vides that the Vice-President shall succeed to the office. 
It also gives to Congress the power to say who shall 
act as President when the offices of President and 
Vice-President are both vacant. The succession was 
formerly given to the President pro tempore of the 
Senate and the Speaker of the House of Kepresenta- 
tives, but a law passed in 1885 provides that the mem- 
bers of the President's Cabinet shall succeed to the 

* The whole body of electors taken together is called the electoral 
college, 



Kentucky and the United States. Ill 

office in the following order : Secretary of State, Sec- 
retary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Navy, 
and Secretary of the Interior. The acting President 
serves only until the vacancy can be filled by the elec- 
tion of a new President. Electors must be chosen the 
same date and in the same manner as at a regular elec- 
tion, and two months' notice of the vacancy must be 
driven to all the States. 

291. Before entering upon the duties of his office 
the President must take the following oath : "I do 
Oath of office, solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United 
States, and will, to the best of my ability, preserve, 
protect and defend the Constitution of the United 
States/' 

292. The Constitution provides that the salary of 
the President shall be fixed by Congress. It also pro- 
Salary, vides that this salary shall be neither in- 
creased nor diminished during the time for which the 
President was elected. The salary of the President at 
present is fifty thousand dollars per year. He also 
has the use of the Executive Mansion, or White House. 

293. In order to become President a person must 
be thirty-five years of age, a natural-born citizen of the 

Q SE£? S " United States" and must have been for four- 
teen years a resident within the United States. The 
Presidency and Vice-Presidency are the only offices 
within the gift of the American people which foreign- 
born citizens are prohibited from filling. 



i 



112 Civil Government of the State of 



Powers and Duties of the President. 

294. The President is Commander-in-Chief of the 
army and navy of the United States, and of the mili- 

Co S-Chfe d f? r " tia of the several States when called into the 
service of the United States. It is not the custom for 
the President to take the field himself. He appoints 
and removes officers, and directs the movements of the 
armies. 

295. He has power to grant reprieves and pardons 
for offenses against the National Government, except 

andPardons. m cases of impeachment. He can not grant 
pardons or reprieves for violation of State laws. This 
power is given only to the Governors of the States. 

296. By and with the advice and consent of the Sen- 
ate, the President has power to appoint Ministers,* Con- 
suls, f Judges of the United States Courts, and all other 
officers of the United States whose appointment is not 
Appointment, otherwise provided for by the Constitution. 
Congress, however, has power to vest the appointment 
of such inferior offices as it thinks proper in the Pres- 
ident alone, in the courts, or in the heads of depart- 
ments. The President may nominate any person 



* Ministers are officers sent by our government to each of the 
more important foreign nations for the purpose of transacting 
business between our government and the government at which 
they reside. 

f Consuls are officers sent to foreign ports for the purpose of 
attending to such commercial transactions as the government 
may have at that port, and of protecting the rights of seamen and 
merchants. 



Kentucky and the United States. 113 

whom he may choose for au office, but the Senate is 
not obliged to confirm his nominations. The nomina- 
tions are sent to the Senate in writing, and are consid- 
ered by that body in secret session.* ]f a nomination 
made by the President is rejected, he must nominate 
other persons for the position until one is found who 
is satisfactory to the Senate. If an office becomes va- 
cant while Congress is not in session, the President 
may appoint a person to fill the vacancy. The com- 
mission of the person thus appointed expires at the 
close of the next session, and some time during the 
session the President nominates a person to fill the 
office permanently. The President can not remove an 
officer without the consent of the Senate. He can, 
however, during a recess of the Senate, suspend any 
officer appointed by him, except the Judges of the 
United States Court, until the end of the next session 
of Congress, and appoint another person in the place 
of the suspended officer. 

297. The President has power, by and with the 
advice and consent of the Senate, providing that two- 
Treaties, thirds of the members are present, to make 
treaties with foreign nations. These treaties are gen- 
erally arranged by ministers or embassadors from this 
country acting under the direction of the President. 
They are then submitted to the Senate for its ratifica- 

* When the Senate is in session for the purpose of considering 
nominations it is said to be in executive session. 



114 Civil Government of the State of 

tion or rejection. For the discussion of treaties the 
Senate meets in secret session. 

298. The Constitution makes it the President's 
duty to give to Congress information of the state of 

Messages, the Union, and to recommend to their con- 
sideration such measures as he may judge necessary 
and expedient. It is therefore the practice for the 
President, at the beginning of each session of Congress, 
to send a message containing reports of each of the 
department officers, and such recommendations as he 
may think proper to make. He also sends such mes- 
sages as may be necessary to either branch during the 
session of Congress. 

299. On extraordinary occasions the President has 
power to convene either or both houses of Congress ; 
Convention or and in case of a disagreement between the 

Adjournment . , , 

of Congress, two houses regarding a time of adjourn- 
ment, he may adjourn them to such a time as he may 
think proper. 

300. The Constitution makes it the especial duty 
of the President to see that the laws are faithfully 

E ofiaws n executed. The executive business of the 
government is so great, and so varied in its character, 
that it is imposible for the President to attend to it 
personally. The business of the government is di- 
vided among seven departments. The heads of these 
departments constitute the President's Cabinet, or 
body of advisers, and are as follows : Secretary of 
State, Secretary of the Treasury, Secretary of War, 



Kentucky and the United States. 115 

Secretary of the Navy, Postmaster-General, Attorney- 
General, and Secretary of the Interior. The Presi- 
dent may require the written opinion of any member 
of the Cabinet, on any subject connected with his de- 
partment, but the President is not obliged to follow 
the advice of the officer. The Cabinet is generally 
appointed by the President immediately after his in- 
auguration, and is confirmed by the Senate in special 
session. The members of the Cabinet each receive a 
salary of eight thousand dollars per year. 

301. The Department of State is generally consid- 
ered the most important of the executive departments. 

D Ss£X. nt Tt nas charge of all business of the United 
States with foreign nations. Through this department 
the President instructs the consuls and diplomatic 
agents of the nation. The Secretary of State receives 
all foreign ambassadors and presents them to the Pres- 
ident. This department also has charge of the seal of 
the United States. This seal, together with the sig- 
nature of the Secretary of State, is affixed to the proc- 
lamations of the President and other State papers. All 
laws and resolutions of Congress are filed in the State 
Department . 

302. The Department of the Treasury has charge 
of the financial affairs of the nation. It collects all 

Department customs and revenues, pays out all money 
ury.' from the treasury of the United States, coins 

monev, has charge of the coast survey, provides for 
the erection of light houses, and superintends the exe- 



116 Civil Government of the State oj 

cution of all laws which relate to commerce and navi- 
gation. 

303. The Department of War has charge of the 
military affairs. It exercises control over the army of 

D o P f a w£! nt tne United States, furnishes supplies and 
equipments for the troops, superintends their payment, 
has charge of the construction of arsenals, hospitals 
and armories, and has the care of the military academy 
at West Point. The signal service and system of 
weather reports are connected with this department. 

304. The Department of the Navy has charge of 
the naval forces of the Nation. It attends to the 

of fheNavy. building, purchase and repair of all gov- 
ernment vessels, has control of navy-yards and dock- 
yards, and sees to the supplies and equipment of ves- 
sels and seamen. It also has the care of the naval 
academy at Annapolis. 

305. The Postoffice Department has the care of all 
matters connected with the United States mail. It 
Department, establishes or discontinues postoffices, se- 
lects post routes, appoints all postmasters whose sal- 
aries are less than one thousand dollars per year, re- 
ceives reports from all postmasters, and furnishes 
stamps, postal cards, etc. 

306. The Department of Justice, of which the 
Attorney-General is the head, has charge of all legal 

D o?j2§S?* affairs concerning the United States. The 
Attorney-General prosecutes all suits in the Supreme 
Court to which the United States are a party ; he gives 



Kentucky and the United States. 117 

legal advice when requested to the President, or to the 
heads of the departments, on business connected with 
their departments ; he has superintendence over United 
States District Attorneys and Marshals, and receives 
reports from them. 

307. The Department of the Interior has charge 
of such domestic business as is not distributed among 

Department the other departments. It has charge of 
Interior. the public lands of the United States, dis- 
tributes pensions, grants patents, exercises control 
over the Indian tribes, and superintends the taking of 
the United States census every ten years. The Bu- 
reau of Education is a part of this department, 

Vice-President. 

308. The Vice-President is not, properly speaking, 
an executive officer. His only duty is to preside over 
the Senate. The office was created merely to provide 
for the succession to the Presidency in case of a va- 
cancy in that office. The qualifications necessary for 
Vice-President are the same as for President. His 
salary is fixed by Congress, and is at present eight 
thousand dollars per year. 

REVIEW QUESTIONS. 

1. In whom is all national executive power vested, 
and for how long is he elected? 

2. What are electors; how many in each State; 
how manv in Indiana? 



118 Civil Government of the State of 

3. How and when are the electors appointed? 

4. When do the electors of each State meet? 

5. Give an account of the proceedings of the 
electors. 

6. When does Congress meet for the purpose of 
counting the votes ? 

7. Give an account of the proceedings of Con- 
gress on this occasion. 

8. When and how does the House of Representa- 
tives elect the President? 

9. Name the Presidents who have been elected by 
the House of Representatives. 

10. When and how does the Senate elect the Vice- 
President ? 

11. What Vice-President was elected by the Sen- 
ate? 

12. How does the present method of electing the 
President and Vice-President differ from the original 
method ? 

13. What was the intention of the originators of 
the electoral system, and how is that now defeated? 

14. How may the Presidency become vacant? 

15. Who becomes President in case it is vacant? 

16. Who succeed to the Presidency, and in what 
order if the offices of President and Vice-President 
are both vacant ? 

17. How long does the acting President serve? 

18. What oath does the President take before en- 
tering on the duties of his office? 






Kentucky and the United States. 119 

19. What is the salary of the President and how 
may it be changed ? 

20. What are the qualifications necessary for Pres- 
ident? 

21. What power has the President in connection 
with the army ? 

22. What is said of the President's power con- 
cerning reprieves and pardons ? 

23. What appointments does the President make? 

24. What has the Senate to do with the President's 
appointments ? 

25. What are ministers? Consuls? 

26. If an office becomes vacant during a recess of 
Congress, how is it filled? 

27. Tell of the President's power concerning treat- 
ies. 

28. What are Presidents' Messages? When are 
they sent, and what do they contain? 

29. When may the President convene Congress? 
When may he adjourn it? 

30. Among what departments is the executive bus- 
iness divided, and who are the heads of these depart- 
ments ? 

31. What do you mean by the President's Cabinet, 
and what are its duties ? 

32. Name the members of the present Cabinet. 

33. What is the salary of the Cabinet officers? 

34. Of what class of business does the Department 
of State have charge ? The Department of the Treas- 



120 Civil Government of the State of 

ury? The Department of War? The Department of 
the Navy? The Postoffice Department? 

35. Name the duties of the Attorney-General. 

36. Of what class of business does the Depart- 
ment of the Interior have charge ? 

37. What is said of the Vice-President, his duty, 
salary, etc.? 



CHAPTEK XIII. 

JUDICIAL DEPARTMENT. 

309. The Constitution vests all judicial power in 
the Supreme Court, and such inferior courts as Con- 
How vested, gress may from time to time establish. Two 

inferior courts, the Circuit Courts and the District 
Courts, have thus far been established. 

310. The Supreme Court consists of a Chief Jus- 
tice and eight Associate Justices. It meets annually, 

B Souru° m Washington, beginning on the second 
Monday in October. 

311. The territory of the United States is divided 
into nine circuits,* and in each of these a Circuit Judge 

Circuit Court, is appointed. Each of the Supreme Judges 
is also assigned to a circuit, and must hold court in 
the circuit at least once in two years. 

* The States composing the circuits are as follows : 
First Circuit — Maine, New Hampshire, Massachusetts, and 
Bhode Island. 



Kentucky and the United States. 121 



31*2. These circuits are divided into districts, in 
each of which is a District Judge. There are fifty-' 

courts ' eight District Courts in the United States, 
each State having at least one district. Besides the 
District Judges, there are also appointed for each dis- 
trict a District Attorney and a United States Marshal. 

313. All United States Judges are appointed by 
the President with the advice and consent of the 
Un j*d£* tos Senate. Their term of office is for life,* or 
during good behavior. They may be removed from 
office by conviction on impeachment of treason, 
briberv, and other hi^h crimes and misdemeanors. 
Their salaries are fixed by Congress, but can not be 
diminished during their continuance in office. Their 
salaries at present are as follows : Chief Justice of 
the Supreme Court, $10,500 per year ; Associate Jus- 
tices of the Supreme Court, $10,000 per year ; Cir- 
cuit Judges, $6,000 per year ; District Judges, $3,500 
and $4,000 per year. 

Second Circuit— Connecticut, Vermont, and New York. 

Third Circuit — New Jersey, Pennsylvania and Delaware. 

Fourth Circuit— Maryland, Virginia, West Virginia, North Car- 
olina, and South Carolina. 

Fifth Circuit— Georgia., Alabama, Florida, Mississippi, Louisi- 
ana, and Texas. 

Sixth Circuit— Michigan, Ohio. Kentucky, and Tennessee. 

Seventh Circuit — Indiana, Illinois, and "Wisconsin. 

Eighth Circuit— Missouri, Iowa, Minnesota, Arkansas, Kansas, 
Colorado, and Nebraska. 

Ninth Circuit — California, Oregon, and Nevada. 

* By act of Congress, when a Judge of any United States Court 
becomes seventy,' years of age, and has served at least ten years, 
he may retire from service and receive during life the same 
salarv that was paid to him at the time of his retirement. 



122 Civil Government of the State of 

314. The United States Courts have jurisdiction 
over all cases in law or equity* arising under the 
Jurisdiction. Constitution, the lawsf of the United States 
or treaties made by authority of the United States ; 
all cases affecting ambassadors, other public ministers 
and consuls ; all cases of admiralty! and maritime ju- 
risdiction ; all cases to which the United States shall 
be a party ; and controversies between States, between 
citizens of different States, between citizens of the same 
State claiming lands under grants of different States, 
and between a State or its citizens and foreign States 
and their citizens or subjects. 

315. The Supreme Court has original jurisdiction 
in all cases affecting ambassadors, other public minis- 
Jurisdiction ters and consuls, and in all cases in which a 

Court. State is a party. In all the other cases the 
Supreme Court has appellate jurisdiction, both as to 
law and fact, subject to the regulation of Congress. 

316. In connection with this department* the Con- 
stitution defines the crime of treason, and gives to 

Treason. Congress the power to declare what its pun- 
ishment shall be. Treason against the United States 



*By cases in equity we mean cases to which the law in its strict 
sense can not be applied. 

fUnder this head comes such cases as counterfeiting, infringe* 
ment of patents, violations of internal revenue laws, and robbery 
of U. S. mails. 

JBy cases of admiralty we mean cases which arise on the sea, 
and not within the jurisdiction of any country. Under this head 
may come cases of piracy, of collision of vessels, or claims made 
upon vessels, or persons traveling on the sea. 



Kentucky and the United States. 123 

consists only in levying war against the government, or 
adhering to its enemies, or giving aid or comfort to its 
enemies. Two witnesses to the same act, or confess- 
ion in open court, are necessary to conviction. The 
punishment of treason as fixed by Congress is death 
or imprisonment for not less than five years, and a fine 
of not less than ten thousand dollars. This may be 
changed at any time by act of Congress. No punish- 
ment, however, can be imposed which will forfeit the 
condemned person's property, except during his life, 
or prevent him from transmitting it to his heirs. 

317. Neither the United States nor any State can 
be sued. Congress has therefore established a Court 

c iaims f °^ Ctafrns consisting of five judges, whose 
business it is to examine all claims brought against the 
United States. If the judges think the claim should 
be granted, they so report to Congress, and Congress 
generally makes an appropriation for the amount 
claimed. If, however, Congress refuses to make the 
appropriation, there is no other remedy. 

REVIEW QUESTIONS. 

1. In whom is the National judicial power vested? 

2. Of whom does the Supreme Court consist? 

3. Make a list of the members of the Supreme 
Court as it now exists. 

4. How many Circuit Courts are there? 

5. In which Circuit do we live? 

6. Who is our Circuit Judge? 



124 Civil Government of the State of 

7. What Supreme Judge is assigned to our Cir- 
cuit? 

8. How many District Courts in the United States ? 

9. How many in Indiana? 

10. Who is District Judge in this district? 

11. How, and for how long, are United States 
Judges appointed ? 

12. How may they be removed from office? 

13. What is said of their salaries? 

14. Give their salaries as they now are. 

15 . Name the cases over which United States Courts 
have jurisdiction. 

16. What are admiralty cases? 

17. In what cases does the Supreme Court have 
original jurisdiction : appellate jurisdiction? 

18. In what does treason against the United States 
consist? 

19. What proof is necessary to convict of treason? 

20. What is the punishment for treason? 

21. What punishment is prohibited? 

22. What is the duty of the Court of Claims? 



CHAPTER XIV. 

MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 

Relations of States and Territories. 
318. Full faith and credit shall be given in each 
State to the public acts, records and judicial proceed- 



Kentucky and the United States. 125 

ActS Etc Cords ' * n » s °^ evei T other State. That is, if a 
judicial decision has been made against a person in one 
State, it may be enforced in any other State in the 
Union. Congress has the power to prescribe the man- 
ner in which the acts, records or decisions may be 
proved. 

319. The citizens of each State are entitled to all 
the privileges of the several States. The object of 
P culienY. ° f this clause is to provide for an equality of 
citizenship in the States. No State can deny to citi- 
zens of other States the privileges which would belong 
to them were they citizens of the State. 

320. A person charged with treason, felony, or 
other crime, who shall flee from justice, and be found 
Fugitives from m another State, shall, on demand of the 

justice. 7 

executive authority of the State from which he fled, 
be delivered up, to be removed to the State having 
jurisdiction of the crime. The officers of a State can 
not go beyond its boundaries to arrest a criminal. If 
the criminal is found in another State, the Governor 
of the State from which he has fled may make a requi- 
sition to the Governor of the State in which he is 
found, for the return of the criminal. The request is 
generally complied with, but if the Governor should 
refuse to return the person, there is no method of 
compelling him to do so. 

321. New States may be admitted to the Union by 
Congress, but no new State can be formed within the 

^fsutes? jurisdiction of another State, nor can any 



126 Civil Government of the State of 

State be formed of two or more States or parts of 
States, without the consent of the Legislatures of the 
States concerned as well as Congress. There are two 
ways in which new States have been admitted to the 
Union. In some cases the people of a Territory have 
formed a constitution and then petitioned Congress 
for admission. In others Congress has taken the first 
step and passed an enabling act admitting the State as 
soon as it had adopted a satisfactory constitution. No 
certain number of inhabitants is necessary for admis- 
sion. It has, however, been the practice not to admit 
a Territory as a State until it has at least a number of 
inhabitants equal to the number required for each Kep- 
resentative in Congress. 

322. Congress has power to make all laws respect- 
ing the territory of the United States, and to dispose 

Territory of of it as it may seem fit. The organized 
states. 6 Territories are under the complete control 
of Congress. The act of Congress providing for the 
organization of a Territory is much the same as a State 
Constitution, except that it is not adopted by the peo- 
ple. It provides for a Territorial Legislature to be 
chosen by the people, and for a Governor, Secretary, 
and judicial officers, to be appointed by the President. 
The citizens of the Territories, howevar, have no voice 
in the election of the President of the United States, 
and their delegates in Congress have no vote. 

323. The United States shall guarantee to every 
State in the Union a republican form of government, 



Kentucky and the United States. 127 

Republican and shall protect them against invasion ; and 
wmnentT" on application of the Legislature or of the 
Governor, (when the Legislature cannot be convened) 
against domestic violence. As the States are prohib- 
ited from engaging in war, it is but right that the Na- 
tional Government should protect them from invasion ; 
and as it is necessary to the safety of the entire country 
that the people of the States should not be deprived of 
their political rights, it is self -protection which leads 
the National Government to quell insurrections and 
scenes of domestic violence. 

324. The Constitution, all laws of the United States 
made in pursuance thereof, and all treaties made by 
Supreme law. the United States, are the supreme law of 
the land. Any State law, or any clause in a State 
Constitution, which is contrary to national law, is void, 
and must so be declared by the judges of the State 
courts. 

325. The Senators and Representatives, all mem- 
bers of State Legislatures, and all executive and judi- 
Oath of office, cial officers both of the United States and of 
the States, must, before entering upon the duties of 
their offices, take oath or affirmation to support the 
Constitution of the United States ; but no religious 
test shall ever be required to hold any office or public 
trust under the United States. 

Amendments. 

326. Amendments to the Constitution may be pro- 
posed in two different ways, and ratified in two ways. 



128 Civil Government of the Slate of 

How made. They may be proposed by a two-thirds 
vote in both houses of Congress, or by a convention 
called by Congress, on the application of the Legisla- 
latures of two-thirds of the States. They may be rat- 
ified by the Legislatures of three-fourths of the States, 
or by conventions in three-fourths of the States, as 
Congress may choose. Any portion of the Constitu- 
tion may be amended except that section which gives 
the States equal representation in the Senate. 

327. Fifteen amendments to the Constitution have 
thus far been made. They have all been proposed by 

Number and Congress and ratified by the State Legisla- 
amendments, tures. The first ten were adopted in 1791, 
just two years after the adoption of the Constitution, 
and are known as the National Bill of Rights. These 
amendments do not change any provision in the Con- 
stitution. They were added at the request of several 
of the State Conventions to give security against any 
possible misconstruction of the powers of the General 
Government. The State Bill of Rights, given on page 
13, is in many respects modeled after them. The pro- 
visions of the amendments to the Constitution are as 
follows : 

' 328. The first amendment prohibits Congress from 
making any law respecting an establishment of reli- 

amendSent. g ion > or prohibiting its free exercise ; also 
from abridging the freedom of speech or of the press, 
or the right of the people to assemble peaceably and 
petition the government for a redress of grievances. 



Kentucky and the United States. 12 ( .» 

329. The second amendment secures to the people 
amendment. the right to keep and bear arms. 

330. The third amendment provides that no soldier 
shall, in time of peace, be quartered in any house 

amendment, without the consent of the owner, and that 
in time of war the quartering of soldiers must be in a 
manner prescribed by law. 

331. The fourth amendment relates to the right of 
amendment, persons to be secure against unreasonable 

searches and seizures, and is identical with paragraph 
19, on page 16. 

332. The fifth amendment provides that no person 
shall be held to answer for a capital or otherwise infa- 

ame^dSent. mous crime, unless on indictment of a grand 
jury, except in cases arising in the land or naval forces, 
or in the militia when in actual service in time of war 
or public danger ; that no person having once been 
acquitted shall be tried again for the same offense ; 
that no person in a criminal case shall be compelled to 
be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law ; and 
that private property shall not be taken for public use 
without just compensation. 

. 333. The sixth amendment relates to the rights of 
the accused in criminal prosecutions. He shall have 

amendment, the right to a speedy and public trial by an 

impartial jury, in the State and district in which the 

crime was committed, to be informed of the nature 

and cause of the accusation, to be confronted with the 

9 



™ 



130 Civil Government of the State of 

witnesses against him, to have compulsory process for 
obtaining witnesses in his favor, and to have counsel 
for his defense. 

334. The seventh amendment provides that in suits 
at common law, where the value in controversy exceeds 

amendment, twenty dollars, the right of trial by jury 
shall be preserved, and that no fact tried by a jury 
shall be otherwise re-examined, in a court of the Uni- 
ted States, than according to the rules of common law. 

335. The eighth amendment provides that exces- 
amfidment. s ^ Ye ^ au sna ^ n °t De required, nor excessive 

fines imposed, nor cruel and unusual punishments in- 
flicted. 

336. The ninth amendment states that the enumer- 
ation of certain rights in the Constitution shall not be 

amSdSlnt. construed to deny or disparage others re- 
tained by the people. It was feared by some that 
because certain risrhts were mentioned in the Constitu- 
tion, those which were not mentioned could be denied 
the people. Hence, this article was inserted in the 
Constitution. 

337. The tenth amendment declares that all pow- 
ers not delegated to the United States by the Consti- 

amJndment. tution, nor prohibited by it to the States, 
are reserved to the States or to the people. 

338. The eleventh amendment was adopted in 
1798. It forbids any United States Court to entertain 

amlndment. a su ^ brought against a State by citizens of 
another State, or of a foreign State, 



Kentucky and the United States. 131 

339. The twelfth amendment was adopted in 1804, 
and relates to the election of the President and Vice- 

anwndjnent. President. It has been discussed in Chap- 
ter XII, on page 105. 

340. The thirteenth amendment was adopted in 
1865. It declares that neither slavery nor involuntary 

amendment, servitude, except as a punishment for crim i 
whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to 
their jurisdiction. It gives to Congress the power to 
enforce the law by such legislation as may seem proper. 

341. The fourteenth amendment was adopted in 
1868. It consists of five sections. The first section 
amendment, concerns the civil rights of the freedmen. 

The thirteenth amendment declares slavery to be abol- 
ished, but gives no rights to the negro. The four- 
teenth amendment says that all persons born or nat- 
uralized in the United States, and subject to their juris- 
diction, are citizens of the United States and of the 
State in which they reside ; and that no State shall 
make any law which shall abridge the privileges of cit- 
izens of the United States, nor deprive any person of 
life, liberty or property without due process of law, 
nor deny to any person within its jurisdiction the equal 
protection of its laws. The second section provides 
that when the ri^ht to vote for National or State officers 
is denied to male persons twenty-one years of age and 
inhabitants of the State, the representation of the State 
shall be reduced in the proportion of those not per- 



132 Civil Government of the State of 

mitted to vote to the whole number of male inhabitants 
twenty-one years of age in the State. The third sec- 
tion prohibits those who, as Federal or State officers, 
took the oath to support the Constitution of the United 
States, and afterwards engaged in rebellion against the 
National Government, from holding certain Federal 
and State offices. Congress may, by a two-thirds vote, 
remove the disability. This has been done in the cases 
of almost all who engaged in the late rebellion. The 
fourth section declares the validity of the public debt, 
but forbids the United States, or any State, to assume 
or pay a debt incurred in rebellion, or to pay for the 
emancipation of slaves. The fifth section gives Con- 
gress the power to enforce the article by appropriate 
legislation. 

342. The fifteenth amendment was adopted in 

1870. It gives the negro an unqualified right to vote. 

amendment. Although the States have a right to ftx the 
qualifications of voters, the right of citizens to vote 

shall not be abridged on account of race, color, or 
previous condition of servitude. 

REVIEW QUESTIONS. 

1. What provision is made in the Constitution 
concerning the acts, records and judicial proceedings 
of the States? 

2. What is said of the privileges of citizens? 

3. How may a fugitive from justice who has es- 
caped into another State be re-captured? 



Kentucky and the United States. 133 

4. What is said of the admission of new States to 
the Union? 

5 . How many inhabitants should a Territory have 
before becoming a State? 

6. What power has Congress over the territory of 
the United States? 

7. How are Territories governed? 

8. What important political right is denied to cit- 
izens of Territories ? 

9. What must the United States guarantee to 
every State? 

10. What is the supreme law of the land? 

11. What officers must take an oath to support the 
Constitution of the United States? 

12. How are amendments to the Constitution pro- 
posed? How ratified? 

13. How many amendments have been made? 

14. By what name are the first ten amendments 
known, and why? 

15. What is said in the first amendment? 

16. What right does the second amendment give 
the people? 

17. What is said in the third amendment of the 
quartering of soldiers? 

18. Of what does the fourth amendment treat? 

19. What rights are given by the fifth amendment? 

20. What rights does the sixth amendment give to 
persons charged with crime? 

9 



134 Civil Government of the State of 

21. When may a person demand a jury on a trial 
of a civil case? 

22. What does the eighth amendment say of bail, 
punishment, and fines? 

23. What is meant by the ninth amendment? 

24. To whom do all powers not delegated to the 
States by the Constitution belong? 

25. When was the eleventh amendment adopted? 
: 26. What does it prohibit? 

27. When and how was the method of electing the 
President and Vice-President changed ? 

28. When was the thirteenth amendment adopted? 

29. What does it declare concerning slavery? 

30. What does the fourteenth amendment say con- 
cerning civil rights? 

31. What is the remedy when the right to vote is 
denied to citizens of a State? 

32. What is said of those who take oath to sup- 
port the Constitution and afterward engage in rebel- 
lion? 

33. What prohibition is made concerning debts 
incurred in rebellion or by the emancipation of slaves? 

34. When was the fifteenth amendment adopted? 

35. Give its provisions. 



Appendix. 



CONSTITUTION OF KENTUCKY. 



PREAMBLE. 

We, the representatives of the people of the State of Ken- 
tucky, in convention assembled, to secure to all the citizens 
thereof the enjoyment of the rights of life, liberty, and prop- 
erty, and of pursuing happiness, do ordain and establish this 
Constitution for its government. 

ARTICLE I. 

CONCERNING THE DISTRIBUTION OF THE POWERS OK GOVERNMENT. 

Section 1. The powers of the government of the State of 
Kentucky shall be divided into three distinct departments, and 
each of them be confided to a separate body of magistracy, 
to-wit: Those which are legislative, to one; those which are ex- 
ecutive, to another; and those which are judiciary, to another. 

Sec 2. Xo person, or collection of persons, being of one of 
those departments, shall exercise any power properly belonging 
to either of the others, except in the instances hereinafter ex. 
pressly directed or permitted. 

(135) 



136 Civil Government of the State of 



ARTICLE II. 

CONCERNING THE LEGISLATIVE DEPARTMENT. 

Section 1. The legislative power shall be vested in a House 
of Representatives and Senate, which, together, shall be styled 
the General Assembly of the Commonwealth of Kentucky. 

Sec. 2. The members of the House of Representatives shall 
continue in service for the term of two years from the day of 
the general election, and no longer. 

Sec 3. Representatives shall be chosen on the first Monday 
in August in every second year; and the mode of holding the 
elections shall be regulated by law. 

Sec. 4. No person shall be a Representative who, at the time 
of his election, is not a citizen of the United States, has not 
attained the age of twenty-four years, and who has not resided 
in this State two years next preceding his election, and the last 
year thereof in the county, town, or city for which he may be 
chosen. 

Sec. 5. The General Assembly shall divide each county of this 
Commonwealth into convenient election precincts, or may dele- 
gate power to do so to such county authorities as may be desig- 
nated by law ; and elections for Representatives for the several 
counties shall be held at the places of holding their respective 
Courts, and in the several election precincts into which the 
counties may be divided : Provided, That when it shall appear to 
the General Assembly that any city or town hath a number of 
qualified voters equal to the ratio then fixed, such city or town 
shall be invested with the privilege of a separate representation, 
in either or both Houses of the General Assembly, which shall 
be retained so long as such city or town shall contain a number 
of qualified voters equal to the ratio which may, from time 
to time, be fixed by law; and thereafter elections for the 
county in which such city or town is situated shall not be held 
therein ; but such city or town shall not be entitled to a separate 
representation unless such county, after the separation, shall also 
be entitled to one or more Representatives. That whenever a 



Kentucky and the United Slates. 137 

city or town shall be entitled to a separate representation in 
either House of the General Assembly, and by its numbers shall 
be entitled to more than one Representative, such city or town 
<hall be divided, by squares which are contiguous, so as to make 
the most compact form, into Representative districts, as nearly 
equal as may be, equal to the number of Representatives to which 
such city or town may be entitled ; and one Representative shall 
be elected from each district. In like manner shall said city or 
town be divided into Senatorial Districts, when, by the appor- 
tionment, more than one Senator shall be allotted to said city or 
town ; and a Senator shall be elected from each Senatorial dis- 
trict; but no ward or municipal division shall be divided by 
such division of Senatorial or Representative districts, unless it 
be necessary to equalize the elective, Senatorial or Representative 
districts. 

Sec* 6. Representation shall be equal and uniform in this 
Commonwealth, and shall be forever regulated and ascertained 
by the number of qualified voters therein. In the year 1S50, 
again in the year 1857, and every eighth year thereafter, an 
enumeration of all the qualified voters of the State shall be 
made ; and to secure uniformity and equality of representation, 
the State is hereby laid off into ten districts. The first district 
U be composed of the counties of Fulton, Hickman, Ballard, 
McCracken, Graves, Galloway, Marshall, Livingston, Crittenden, 
Union, Hopkins, Caldwell, and Trigg. The second district shall 
Vie composed of the counties of Christian, Muhlenburg, Hender- 
Daviess, Hancock, Ohio, Breckinridge, Meade, Grayson, 
Butler, and Edmonson. The third district shall be composed of 
the counties of Todd, Logan, Simpson, Warren Allen, Monroe, 
Barren, and Hart. The fourth district shall be composed of the 
counties of Cumberland, Adair. Green, Taylor, Clinton, Russell, 
Wayne. Pulaski, Casey, Boyle, and Lincoln. The fifth district 
shall be composed of the counties of Hardin, Larue, Bullitt, 
•Spencer. Nelson, Washington, Marion, Mercer, and Anderson, 
sixth district shall be composed of the counties of Garrard, 






138 Civil Government of the State of 



Madison, Estill, Owsley, Eockcastle, Laurel, Clay, "Whitley, 
Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The 
seventh district shall be composed of the counties of Jefferson, 
Oldham, Trimble, Carroll, Henry, and Shelby, and the city of 
Louisville. The eighth district shall be composed of the coun- 
ties of Bourbon, Fayette, Scott, Owen, Franklin, Woodford, and 
Jessamine. The ninth district shall be composed of the counties 
of Clark, Bath, Montgomery, Fleming, Lewis, Greenup, Carter, 
Lawrence, Morgan, and Breathitt. The tenth district shall be 
composed of the counties of Mason, Bracken, Nicholas, Harri- 
son, Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. 
The number of Representatives shall, at the several sessions of 
the General Assembly next after the making of the enumera- 
tions, be apportioned among the ten several districts according 
to the number of qualified voters in each ; and the Representa- 
tives shall be apportioned, as near as may be, among the counties, 
towns, and cities in each district ; and in making such appor- 
tionment the following rules shall govern, to-wit : Every county, 
town, or city having the ratio, shall have one Representative; 
if double the ratio, two Representatives, and so on. Next, the 
counties, towns, or cities having one or more Representatives, 
and the largest number of qualified voters above the ratio, and 
counties having the largest number under the ratio shall have 
a Representative, regard being always had to the greatest num- 
ber of qualified voters : Provided, That when, a county may not 
have a sufficient number of qualified voters to entitle it to one 
Representative, then such county may be joined to some adja- 
cent county or counties, which counties shall send one Repre- 
sentative. When a new county shall be formed of territory be- 
longing to more than one district, it shall form a part of that 
district having the least number of qualified voters. 

Sec. 7. The House of Representatives shall choose its Speaker 
and other officers. 

Sec. 8. Every free white male citizen, of the age of twenty - 
one years, who has resided in the State two years, or in the 



Kentucky and the United States. 139 

county, town, or city in which he offers to vote, one year next 
preceding the election, shall be a voter; but such voter shall 
have been, for sixty days next preceding the election, a resident 
of the precinct in which he offers to vote, and he shall vote in 
said precinct, and not elsewhere. 

Sec. 9. Voters, in all cases except treason, felony, breach or 
surety of the peace, shall be privileged from arrest during their 
attendance at, going to, and returning from elections. 

Sec. 10. Senators shall be chosen for the term of four years; 
and the Senate shall have power to choose its officers biennially. 

Sec. 11. Senators and Representatives shall be elected, under 
the first apportionment after the adoption of this Constitution, 
in the year 185L 

Sec 12. At the session of the General Assembly next after 
the first apportionment under this Constitution, the Senators 
shall be divided by lot, as equally as may be, into two classes; 
the seats of the first class shall be vacated at the end of two 
years from the day of the election, and those of the second class 
at the end of four years, so that one-half shall be chosen every 
two years. 

Sec 13. The number of Representatives shall be one hund- 
red, and the number of Senators thirty-eight. 

Sec 14. At every apportionment of representation, the State 
shall be laid off into thirty-eight Senatorial districts, which shall 
be so formed as to contain, as near as may be, an equal number 
of qualified voters, and so that no county shall be divided in the 
formation of a Senatorial district, except such county shall be 
entitled, under the enumeration, to two or more Senators ; and 
where two or more counties compose a district, they shall be 
adjoining. 

Sec 15. One Senator for each district shall be elected by the 
qualified voters therein, who shall vote in the precincts where 
they reside, at the places where elections are, by law, directed to 
be held. 

Sec 16. No person shall be a Senator who, at the time of his 



140 Civil Government of the State oj 

election, is not a citizen of the United States, has not attained 
the age of thirty years, and who has not resided in this State six 
years next preceding his election, and the last year thereof in 
the district for which he may be chosen. 

Sec. 17. The election of Senators next after the first appor- 
tionment under this Constitution, shall be general throughout 
the State, and at the same time that the election for Representa- 
tives is held ; and thereafter, there shall be a biennial election for 
Senators to fill the places of those whose term of service may 
have expired. 

Sec. 1$. The General Assembly shall convene on the first 
Monday in November after the adoption of the Constitution, and 
again on the first Monday in November, 1851, and on the same 
day of every second year thereafter, unless a different day be 
appointed by law ; and their sessions shall be held at the Seat of 
Government. 

Sec 19. Not less than a majority of the members of each 
House of the General Assembly shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, 
and shall be authorized by law to compel the attendance of 
absent members in such manner and under such penalties, as may 
be prescribed thereby. 

Sec. 20. Each House of the General Assembly shall judge of 
the qualifications, elections, and returns of its members, but a 
contested election shall be determined in such manner as shall 
be directed by law. 

Sec 21. Each House of the General Assembly may deter- 
mine the rules of its proceedings, punish a member for disorderly 
behavior, and, with the concurrence of two-thirds, expel a 
member, but not a second time for the same cause. 

Sec 22. Each House of the General Assembly shall keep and 
publish, weekly, a journal of its proceedings, and the yeas and 
nays of the members on any question shall, at the desire of any 
two of them, be entered on their journal. 

Sec 23. Neither House, during the session of the General 
Assembly, shall, without the consent of the other, adjourn for 



Kentucky and the United States. 141 

more than three days, nor to any other place than that to which 
they may be sitting. 

Sec. 24. The members of the General Assembly shall several- 
ly receive, from the public treasury, a compensation for their 
services, which shall be three dollars a day, during their attend- 
ance on, and twelve and a half cents per mile for the necessary 
travel in going to and returning from the sessions of their 
respective Houses : Provided, That the same may be increased 
or diminished by law ; but no alteration shall take effect during 
the session at which such alteration shall be made ; nor shall a 
session of the General Assembly continue beyond sixty days, 
except by a vote of two-thirds of all the members elected to 
each House; (a) but this shall not apply to the first session 
held under this Constitution. 

Sec. 25. The members of the General Assembly shall, in all 
cases, except treason, felony, breach or surety of the peace, be 
privileged from arrest, during their attendance at the sessions of 
their respective Houses, and in going to and returning from the 
same ; (a) and for any speech or debate, in either House, they 
shall not be questioned in any other place. 

Sec 26. No Senator or Representative shall, during the term 
for which he was elected, nor for one year thereafter, be ap- 
pointed or elected to any civil office of profit under this Com- 
monwealth which shall have been created, or the emoluments of 
which shall have been increased during the said term, except to 
such offices or appointments as may be filled by the election of 
the people. 

Sec. 27. No person, while he continues to exercise the func- 
tions of a clergyman, priest, or teacher of any religious persua- 
sion, society, or sect, nor while he holds or exercises any office 
of profit under this Commonwealth, or under the Government 
of the United States, shall be eligible to the General Assembly, 
except attorneys at law, justices of the peace, and militia offi- 
cers : Provided, That attorneys for the Commonwealth, who 
receive a fixed annual salary, shall be ineligible. 



142 Civil Government of the Slate of 



Sec 28 No person who at any time may have been a col- 
lector of taxes or public moneys for the State, or the assistant 
or deputy of such collector, shall be eligible to the General 
Assembly unless he shall have obtained a quietus six months 
before the election, for the amount of such collection, and for 
all public moneys for which he may have been responsible. 

Sec. 29. No bill shall have the force of a law, until, on 
three several days, it be read over in each House of the General 
Assembly, and free discussion allowed thereon ; unless, in cases 
of urgency, four-fifths of the House where the bill shall be 
depending may deem it expedient to dispense with this rule. 

Sec. 30. All bills for raising revenue (a) shall originate in the 
House of Kepresentatives ; but the Senate may propose amend- 
ments, as in other bills : Provided, That they shall not introduce 
any new matter, under color of amendment, which does not 
relate to raising revenue. 

Sec 31. The General Assembly shall regulate, by law, by 
whom, and in what manner, writs of election shall be issued to 
fill the vacancies which may happen in either branch thereof. 

Sec 32. The General Assembly shall have no power to grant 
divorces, change the names of individuals, or direct the sale of 
estates belonging to infants, or other persons laboring under 
legal disabilities, by special legislation ; but by general laws shall 
confer such powers on the Courts of Justice. 

Sec 33. The credit of this Commonwealth shall never be 
given or loaned in aid of any person, association, municipality, 
or corporation. 

Sec 34. The General Assembly shall have no power to pass 
laws to diminish the resources of the sinking fund, as now estab- 
lished by law, until the debt of the State be paid, but may pass 
laws to increase them ; and the whole resources of said fund, 
from year to year, shall be sacredly set apart and applied to the 
payment of the interest and principal of the State debt, and to 
no other use or purpose, until the whole debt of the State is 
fully paid and satisfied. 






Kentucky and the United States. 143 

Sec. 35. The General Assembly may contract debts to meet 
casual deficits or failures in the revenue, but such debts, direct 
or contingent, singly or in the aggregate, shall not, at any time, 
exceed five hundred thousand dollars ; and the moneys arising 
from loans creating such debts shall be applied to the purposes 
for which they were obtained, or to repay such debts ; Provided* 
That the State may contract debts to repel invasion, suppress 
iusurrection, or, if hostilities are threatened, provide for the 
public defense. 

Sec. 36. No act of the General Assembly shall authorize any 
debt to be contracted on behalf of the Commonwealth, except 
for the purposes mentioned in the thirty-fifth section of this 
article, unless provision be made therein to lay and collect an 
annual tax sufficient to pay the interest stipulated, and to dis- 
charge the debt within thirty years ; nor shall such act take 
effect until it shall have been submitted to the people at a gen- 
eral election, and shall have received a majority of all the votes 
cast for and against it : Provided, That the General Assembly 
may contract debts by borrowing money to pay any part of the 
debt of the State without submission to the people, and without 
making provision in the act authorizing the same for a tax to 
discharge the debt so contracted, or the interest thereon. 

Sec 37. Xo law enacted by the General Assembly shall relate 
to more than one subject, and that shall be expressed in the 
title. 

Sec 38. The General Assembly shall not change the venue 
in any criminal or penal prosecution, but shall provide for the 
same by general laws. 

Sec 39. The General Assembly may pass laws authorizing 
writs of error in criminal or penal cases, and regulating the 
right of challenge of jurors therein. 

Sec 40. The General Assembly shall have no power to pass 
any act or resolution for the appropriation of any money, or the 
creation of any debt, exceeding the sum of one hundred dollars, 
at any one time, unless the same, on its final passage, shall be 



144 Civil Government of the State of 

voted for by a majority of all the members then elected to each 
branch of the General Assembly ; and the yeas and nays there- 
on entered on the journal. 

AETICLE III. 

CONCERNING THE EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of the Common- 
wealth shall be vested in a chief magistrate, who shall be styled 
the Governor of the Commonwealth of Kentucky. 

Sec. 2. The Governor shall be elected for the term of four 
years, by the qualified voters of the State, at the time when and 
the places where they shall respectively vote for Representatives. 
The person having the highest number of votes shall be Gover- 
nor ; but if two or more shall be equal and highest in votes, the 
election shall be determined by lot, in such manner as the Gen- 
eral Assembly may direct. 

Sec. 3. The Governor shall be ineligible for the succeeding 
four years after the expiration of the term for which he shall 
have been elected. 

Sec. 4. He shall be at least thirty -five years of age and a citi- 
zen of the United States, and have been an inhabitant of this 
State at least six years next preceding his election. 

Sec. 5. He shall commence the execution of the duties of his 
office on the fifth Tuesday succeeding the day of the general 
election on which he shall have been chosen, and shall continue 
in the execution thereof until his successor shall have taken the 
oaths or affirmations prescribed by this Constitution. 

Sec. 6. No member of Congress, or person holding any office 
under the United States, or minister of any religious society, 
shall be eligible to the office of Governor. 

Sec. 7. The Governor, shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor 
diminished during the term for which he was elected. 

Sec. 8. He shall be commander-in-chief of the army and navy 
of this Commonwealth and of the militia thereof, except when 



Kentucky and the United States. 145 

they shall be called into the service of the United States, but he 
shall not command personally in the field unless advised so to do 
by a resolution of the General Assembly. 

Sec. 9. He shall have power to fill vacancies that may occur 
by granting commissions, which shall expire when such vacan- 
cies shall have been filled according to the provisions of this Con- 
stitution. 

Sec. 10. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeachment. In 
cases of treason, he shall have power to grant reprieves until the 
end of the next session of the General Assembly, in which the 
power of pardoning shall be vested; but he shall have no power 
to remit the fees of the clerk, sheriff, or Commonwealth's attor- 
ney in penal or criminal cases. 

Sec 11. He may require information in writing, from the offi- 
cers in the executive department upon any subject relating to 
the duties of their respective officers. 

Sec 12. He shall, from time to time, give to the General As- 
sembly information of the state of the Commonwealth, and 
recommend to their consideration such measures as he may deem 
expedient. 

Sec 13. He may, on extraordinary occasions, convene the 
General Assembly at the Seat of Government, or at a different 
place if that should have become, since their last adjournment, 
dangerous, from an enemy or from contagious disorders ; and 
in case of disagreement between the two Houses with respect to 
the time of adjournment, he may adjourn them to such time as 
he shall think proper, not exceeding four months. 

Ssc 14. He shall take care that the laws be faithfully 
executed. 

Sec 15. A Lieutenant-Governor shall be chosen at every 

regular election for Governor, in the same manner, to continue 

in office for the same time, and possess the same qualifications as 

the Governor. In voting for Governor and Lieutenant Governor, 

10 



146 Civil Government of the State of 

the electors shall state for whom they vote as Governor, and for 
whom they vote as Lieutenant Governor. 

Sec. 16. He shall, by virtue of his office, be Speaker of the 
Senate ; have a right, when in the committee of the whole, to 
debate and vote on all subjects, and when the Senate are equally 
divided, to give the casting vote. 

Sec. 17. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the State, 
the Lieutenant-Governor shall exercise all the power and 
authority appertaining to the office of Governor, until another 
be duly elected and qualified, or the Governor absent or im- 
peached shall return or be acquitted. 

Sec 18. Whenever the Government shall be administered 
by the Lieutenant-Governor, or he shall fail to attend as Speaker 
of the Senate, the Senators shall elect one of their own members 
as Speaker for that occcasion. And if, during the vacancy of 
the office of Governor, the Lieutenant-Governor shall be im- 
peached, removed from office, refuse to qualify, resign, die, or 
be absent from the State, the Speaker of the Senate shall, in 
like manner, administer the Government : Provided, That when- 
ever a vacancy shall occur in the office of Governor before the 
first two years of his term shall have expired, a new election for 
Governor shall take place to fill such vacancy. 

Sec 19. The Lieutenant-Governor, or Speaker pro tempore of 
the Senate, while he acts as Speaker of the Senate, shall receive 
for his services the same compensation which shall, for the same 
period, be allowed the Speaker of the House of Representatives, 
and no more; and during the time he administers the Govern- 
ment as Governor, shall receive the same compensation which 
the Governor would have received, had he been employed in 
the duties of his office. 

Sec 20. If the Lieutenant-Governor shall be called upon to 
administer the Government, and shall while in su ch administra- 
tion, resign, die, or be absent from the State during the recess 
of the General Assembly, it shall be the duty of the Secretary of 



Kentucky and the United States. 147 

State, for the time being, to convene the Senate for the purpose 
of choosing a Speaker. 

Sec. 21. The Governor shall nominate, and, by and with the 
advice and consent of the Senate, appoint a Secretary of State, 
who shall be commissioned during the term for which the Gov- 
ernor was elected; if he shall so long behave himself well. He 
shall keep a fair register, and attest all the official acts of th •-• 
Governor, and shall when required, lay the same, and all papr 
minutes, and vouchers relative thereto, before either House 
the General Assembly, and shall perform such other duties as 
may be required of him by law. 

Sec 22. Every bill which shall have passed both Houses 
shall be presented to the Governor. If he approve he shall sign 
it; but if not, he shall return it, with his objections, to the 
House in which it originated, who shall enter the objections at 
large upon their journal, and proceed to reconsider it. If, after 
such reconsideration, a majority of all the members elected to 
that House shall agree to pass the bill, it shall be sent, with the 
objections, to the other House, by which it shall likewise be 
considered, and if approved by a majority of all the members 
elected to that House, it shall be a law ; but, in such cases, the 
votes of both Houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill shall 
be entered upon the journals of each House respectively. If 
any bill shall not be returned by the Governor within ten days 
(Sundays excepted) after it shall have been presented to him, it 
shall be a law in like manner as if he had signed it, unless the 
General Assembly, by their adjournment, prevent its return ; in 
which case it shall be a law unless sent back within three days 
after their next meeting. 

Bec. 23. Every order, resolution, or vote, in which the con- 
currence of both Houses may be necessary, except on a question 
of adjournment, shall be presented to the Governor, and before 
it shall take effect, be approved by him ; or, being disapproved, 
shall be repassed by a majority of all the members elected to 



148 Civil Government of the State of 

both Houses, according to the rules and limitations prescribed 
in case of a bill. 

Sec. 24. Contested elections for Governor and Lieutenant- 
Governor shall be determined by both Houses of the General 
Assembly, according to such regulations as may be established 
by law. 

Sec 25. A Treasurer shall be elected by the qualified voters 
of the State for the term of two years ; and an Auditor of Pub- 
lic Accounts, Eegister of the Land Office, and Attorney General, 
for the term of four years. The duties and responsibilities of 
these officers shall be prescribed by law: Provided, That in^ 
ferior State officers, not specially provided for in this Constitution, 
may be appointed or elected in such manner as shall be pre- 
scribed by law, for a term not exceeding four years. 

Sec. 26. The first election under this Constitution for Gov- 
ernor, Lieutenant-Governor, Treasurer, Auditor of Public Ac- 
counts, Register of the Land Office, and Attorney General, '"shall, 
be held on the first Monday in August in the year 1851. 

ARTICLE IV. 

CONCERNING THE JUDICIAL DEPARTMENT. 

Section 1. The judicial powers of this Commonwealth, both 
as to matters of law and equity, shall be vested in one Su- 
preme Court (to be styled the Court of Appeals), the courts 
established by this Constitution, and such courts inferior to the 
Supreme Court, as the General Assembly may, from time to 
time, erect and establish. 

CONCERNING THE COURT OF APPEALS. 

Sec 2. The Court of Appeals shall have appellate jurisdic- 
tion only, which shall be co-extensive with the State, under 
such restrictions and regulations, not repugnant to this Consti- 
tution, as may, from time to time, be prescribed by law. 

Sec 3. The judges of the Court of Appeals shall, after their 
first term, hold their offices for eight years from and after their 



Kentucky and the United States. 149 

election, and until their successors shall be duly qualified, sub- 
ject to the conditions hereinafter prescribed; but, for any rea- 
sonable cause, the Governor shall remove any of them on the 
address of two-thirds of each House of the General Assembly: 
Provided, however, That the cause or causes for which such re- 
moval may be required shall be stated at length in such address, 
and on the journal of each House. They shall, at stated times, 
receive for their services an adequate compensation, to be fixed 
by law, which shall not be diminished during the time for which 
they shall have been elected. 

Sec. 4. The Court of Appeals shall consist of four Judges, any 
three of whom may constitute a court for the transaction of busi- 
ness. The General Assembly, at its first session after the adop- 
tion of this Constitution, shall divide the State, by counties, in 
four districts, as nearly equal in voting population and with as 
convenient limits as may be, in each of which the qualified 
voters shall elect one Judge of the Court of Appeals : Provided, 
That whenever a vacancy shall occur in said Court for any cause, 
the General Assembly shall have the power to reduce the num- 
ber of Judges and districts, but in no event shall there be less 
than three Judges and districts. Should a change in the num 
ber of the Judges of the Court of Appeals be made, the term of 
office and number of districts shall be so changed as to preserve 
the principle of electing one Judge every two years. 

Sec. 5. The Judges shall, by virtue of their offices, be conser- 
vators of the peace throughout the State. The style of all pro- 
cess shall be " The Commonwealth of Kentucky." All prosecu- 
tions shall be carried on in the name and by the authority of the 
Commonwealth of Kentucky, and conclude " against the peace 
and dignity of the same." 

Sec 6. The Judges first elected shall serve as follows, to-wit: 
One shall serve until the first Monday in August, 1852 ; one until 
the first Monday in August, 1854 ; one until the first Monday in 
August, 1856, and one until the first Monday in August, 1858. 
The Judges, at the first term of the Court succeeding their eleo- 



150 Civil Government of the State of 

tion, shall determine, by lot, the length of time which each one 
shall serve, and at the expiration of the service of each an elec- 
tion in the proper district shall take place to fill the vacancy. 
The Judge having the shortest time to serve shall be styled the 
Chief Justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said Court from any cause, 
the Governor shall issue a writ of election to the proper district 
to fill such vacancy for the residue of the term : Provided, That 
if the unexpired term be less than one year, the Governor shall 
appoint a Judge to fill such vacancy. 

Sec. 8. No person shall be eligible to the office of Judge of 
the Court of Appeals who is not a citizen of the United States, a 
resident of the district for which he may be a candidate two 
years next preceding his election, at least thirty years of age, and 
who has not been a practicing lawyer eight years, or whose ser- 
vice upon the bench of any Court of record, when added to the 
time he may have practiced law, shall not be equal to eight 
years. 

Sec 9. The Court of Appeals shall hold its sessions at the Seat 
of Government, unless otherwise directed by law, but the Gen- 
eral Assembly may, from time to time, direct that said Court shalL 
hold its sessions in any one or more of said districts. 

Sec 10. The first election of the Judges and Clerk or Clerks 
of the Court of Appeals shall take place on the second Monday 
in May, 1851, and, thereafter, in each district as a vacancy may 
occur, by the expiration of the term of office; and the Judges 
of the said Court shall be commissioned by the Governor. 

Sec 11. There shall be elected, by the qualified voters of 
this State, a Clerk of the Court of Appeals, who shall hold his 
office from the first election until the first Monday in August, 
1858, and thereafter for the term of eight years from and after 
his election; and should the General Assembly provide for 
holding the Court of Appeals in any one or more of said dis- 
tricts, they shall also provide for the election of a Clerk by the 
qualified voters of such district, who shall hold his office for 



Kentucky and the United States. ]51 

eight years, possess the same qualifications, and be subject to 
removal in the same manner as the Clerk of the Court of Ap- 
peals ; but if the General Assembly shall, at its first or any other 
session, direct the Court of Appeals to hold its session in more 
than one district, a Clerk shall be elected by the qualified voters 
of such district. And the Clerk first provided for in this sec- 
tion shall be elected by the qualified voters of the other district 
or districts. The same principle shall be observed whenever 
the Court shall be directed to hold its sessions in either of the 
other districts. Should the number of Judges be reduced, the 
term of the office of Clerk shall be six years. 

Sec. 12. No person shall be eligible to the office of Clerk of 
the Court of Appeals unless he be a citizen of the United States, 
a resident of the State two years next preceding his election, of 
the age of twenty-one years, and have a certificate from the 
Judge of the Court of Appeals, or a Judge of the Circuit Court, 
that he has been examined by the Clerk of his Court, under his 
supervision, and that he is qualified for the office for which he 
is a candidate. 

Sec. 13. Should a vacancy occur in the office of Clerk of the 
Court of Appeals, the Governor shall issue a writ of election, 
and the qualified voters of the State, or of the district in which 
the vacancy may occur, shall elect a Clerk of the Court of Ap- 
peals, to serve until the end of the term for which such Clerk 
was elected: Provided, That when a vacancy shall occur from 
any cause, or the Clerk be under charges upon information, the 
Judges of the Court of Appeals shall have power to appoint a 
Clerk pro tern., to perform the duties of Clerk until such vacancy 
shall be filled, or the Clerk acquitted : And provided further, That 
no writ of election shall issue to fill a vacancy unless the unex- 
pired term exceed one year. 

Sec 14. The General Assembly shall direct, by law, the mode 
and manner of conducting and making due returns to the Sec- 
retary of State of all elections of the Judges and Clerk or Clerks 



152 Civil Government of the State of 



of the Court of Appeals, and of determining contested elections 
of any of these officers. 

Sec. 15. The General Assembly shall provide for an addi- 
tional Judge or Judges, to constitute with the remaining Judge 
or Judges, a special Court for the trial of such cause or causes as 
may, at any time be pending in the Court of Appeals, on the 
trial of which a majority of the Judges can not sit, on account 
of interest in the event of the cause, or on account of their 
relationship to either party, or when a Judge may have been 
employed in or decided the cause in the inferior Court. 

CONCERNING THE CIRCUIT COURTS. 

Sec. 16. A Circuit Court shall be established in each county 
now existing, or which may hereafter be erected in this Com- 
monwealth. 

Sec 17. The Jurisdiction of said Court shall be and remain 
as now established, hereby giving to the General Assembly the 
power to change or alter it. 

Sec 18. The right to appeal or sue out a writ of error to the 
Court of Appeals shall remain as it now exists, until altered by 
law, hereby giving to the General Assembly the power to change, 
alter or modify said right. 

Sec 19. At the first session after the adoption of this Consti- 
tution, the General Assembly shall divide the State into twelve 
judicial districts, having due regard to business, territory, and 
population : Provided, That no county shall be divided. 

Sec 20. They shall, at the same time that the judicial dis- 
tricts are laid off, direct elections to be held in each district to 
elect a Judge for such district, and shall prescribe in what man- 
ner the election shall be conducted. The first election of Judges 
of the Circuit Court shall take place on the second Monday in 
May, 1851, and afterwards on the first Monday in August, 1856, 
and on the first Monday in August every sixth year thereafter. 

Sec 21. All persons qualified to vote for members of tho 
General Assembly in each district, shall have the right to vote 
for Judges. 



Kentucky and the United State*. lo3 

Sec. 22. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resident of the 
district for which he may be a candidate two years next preced- 
ing his election, at least thirty years of age, and who has not been 
a practicing lawyer eight years, or whose service upon the bench 
of any Court of record, when added to the time he may have 
practiced law, shall not be equal to eight years. 

Sec 23. The Judges of the Circuit Court shall, after their 
first term, hold their office for the term of six years from the day 
of their election. They shall be commissioned by the Governor 
and continue in office until their successors be qualified, but 
shall be removable from office in the same manner as the Judges 
of the Court of Appeals, and the removal of a Judge from his 
district shall vacate his office. 

Sec 24. The General Assembly, if they deem it necessary, 
may establish one additional district every four years, but the 
judicial districts shall not exceed sixteen until the population of 
this State shall exceed one million five hundred thousand. 

Sec. 25. The Judges of the Circuit Courts shall, at stated 
times, receive for their services an adequate compensation, to be 
fixed by law, which shall be equal and uniform throughout the 
iState, and which shall not be diminished during the time for 
which they were elected. 

Sec 26. If a vacancy shall occur in the office of Judge of the 
Circuit Court, the Governor shall issue a writ of election to fill 
such vacancy for the residue of the term : Provided, That if the 
unexpired term be less than one year, the Governor shall 
appoint a Judge to fill such vacancy. 

Sec 27. The judicial districts of this State shall not be 
changed, except at the first session after an enumeration, unless 
when a new district may be established. 

Sec 28. The General Assembly shall provide by law for hold- 
ing Circuit Courts when, from any cause, the Judge shall fail to 
attend, or if in attendance, can not properly preside. 



154 Civil Government of the State of 



CONCERNING COUNTY COURTS. 

Sec. 29. A County Court shall be established in each county 
now existing or which may hereafter be erected within this Com- 
monwealth, to consist of a Presiding Judge and two Associate 
Judges, any two of whom shall constitute a Court for the trans- 
action of business : Provided, The General Assembly may, at any 
time, abolish the office of the Associate Judges whenever it shall 
be deemed expedient; in which event they may associate with 
said Court any or all of the Justices of the Peace for the trans- 
action of business. 

Sec. 30. The Judges of the County Courts shall be elected 
by the qualified voters in each county, for the term of four years, 
and shall continue in office until their successors be duly quali- 
fied, and shall receive such compensation for their services as 
may be provided by law. 

Sec 31. The first election of County Court Judges shall take 
place at the same time of the election of Judges of the Circuit 
Court. The Presiding Judge first elected shall hold his office 
until the first Monday in August, 1854; the Associate Judges 
shall hold their offices until the first Monday in August, 1852, 
and until their successors be qualified ; and afterwards, elec- 
tions shall be held on the first Mondays in August in the years 
in which vacancies regularly occur. 

Sec. 32. No person shall be eligible to the office of Presiding 
or Associate Judge of the County Court, unless he be a citizen 
of the United States, over twenty-one years of age, and shall 
have been a resident of the county in which he shall be chosen 
one year and next preceding the election. 

Sec. 33. The jurisdiction of the County Court shall be regu- 
lated by law, and, until changed, shall be the same now vested 
in the County Courts of this State. 

Sec. 34. Each county in this State shall be laid off in districts 
of convenient size as the General Assembly may, from time to 
time direct. Two Justices of the Peace shall be elected in each 
district by the qualified voters therein, at such time and place 



Eeniueh/ and the United States. 155 

as may be prescribed by law, for the term of four years, whose 
jurisdiction shall be co-extensive with the county ; no person 
shall be eligible as a Justice of the Peace unless he be a citizen 
of the United States, twenty-one years of age, and a resident of 
the district in which he may be a candidate. 

Sec. 35. Judges of the County Court, and Justices of the 
Peace, shall be conservators of the peace. They shall be com- 
missioned by the Governor. County and district officers shall 
vacate their offices by removal from the district or county in 
which they shall be appointed. The General Assembly shall 
provide, by law, the manner of conducting and making due 
return of all elections of Judges of the County Court and Justices 
of the Peace, and for determining contested elections, and pro- 
vide the mode of filling vacancies in these offices. 

Sec 36. Judges of the County Court and Justices of the 
Peace, Sheriffs. Coroners, Surveyors, Jailers, County Assessor, 
Attorney for the county, and Constables shall be subject to 
indictment or presentment for malfeasance or misfeasance in 
office, or willful neglect in the discharge of their official duties, 
in such mode as may be prescribed by law, subject to appeal to 
the Court of Appeals; and, upon conviction their offices shall 
become vacant. 

Sec 37. The General Assembly may provide, by law, that 
the Justices of the Peace in each county shall sit at the Court 
of Claims, and assist in laying the county levy and making 
appropriations only. 

Sec 38. When any city or town shall have a separate repre- 
sentation, such city, or town, and the county in which it is 
located, may have such separate municipal courts and executive 
and ministerial officers as the General Assembly may, from time 
to time provide. 

Sec 39. The Clerks of the Court of Appeals, Circuit and 
County Courts, shall be removable from office by the Court of 
Appeals, upon information and good cause shown. The Court 



156 Civil Government of the State of 

shall be judges of the fact as well as of the law. Two-thirds of 
the members present must concur in the sentence. 

Sec. 40. The Louisyille Chancery Court shall exist under 
this Constitution, subject to repeal, and its jurisdiction to 
enlargement and modification by the General Assembly. The 
Chancellor shall have the same qualifications as a Circuit Court 
Judge, and the Clerk of said Court as a Clerk of a Circuit Court, 
and the Marshal of said Court as a Sheriff; and the General 
Assembly shall provide for the election, by the qualified voters 
within its jurisdiction, of the Chancellor, Clerk, and Marshal of 
said Court, at the same time that the Judge and Clerk of the 
Circuit Court are elected for the county of Jefferson ; and they 
shall hold their offices for the same time, and shall be remov- 
able in the same manner ; Provided, That the Marshal of said 
Court shall be ineligible for the succeeding term. 

Sec. 41. The City Court of Louisville, the Lexington City 
Court, and all other Police Courts established in any city or 
town, shall remain until otherwise directed by law, with their 
present powers and jurisdictions; and the Judges, Clerks and 
Marshals of such Courts shall have the same qualifications, and 
shall be elected by the qualified voters of such cities or towns, 
at the same time, and in the same manner, and hold their offices 
for the same term, as county Judges, Clerks, and Sheriffs, 
respectively, and shall be liable to removal in the same manner. 
The General Assembly may vest judicial powers, for police pur- 
poses, in Mayors of cities, Police Judges, and Trustees of Towns. 

ARTICLE V. 

CONCERNING IMPEACHMENTS. 

Section 1. The House of Representatives shall have the sole 
power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, the Senators shall be upon oath 
or affirmation. No person shall be convicted without the «o«- 
•currence of two-thirds of the members present. 



Kentucky and the United States. 157 

3. The Governor and all civil officers shall be liable to 
impeachment for any misdemeanor in office; but judgment in 
such cases shall not extend further than to removal from office 
and disqualification to hold any office of honor, trust, or profit 
under this Commonwealth ; but the party convicted shall never- 
theless be subject and liable to indictment, trial, and punishment 
by law. 

ARTICLE VI. 

CONCERNING EXECUTIVE AND MINISTERIAL OFFICFBS rOR COUNTIES AND 

DISTRICTS 

Section 1. A Commonwealth s Attorney for each judicial dis- 
trict, and a Circuit Court Clerk for each county, shall be elected, 
whose term of office shall be the same as that of the Circuit 
Judges j also a County Court Clerk, an Attorney, Surveyor, Coro- 
ner and Jailer for each county, whose term of office shall be the 
same as that of the presiding Judge of the County Court. 

Sec. 2. No person shall be eligible to the offices mentioned 
in this article who is not at the time twenty-four years old (ex- 
cept Clerks of County and Circuit Courts, Sheriffs, Constables 
and County Attorneys who shall be eligible at the age of twenty- 
one years), a citizen of the United States, and who has not resi- 
ded two years next preceding the election in the State, and one 
year in the county or district from which he is a candidate. No 
person shall be eligible to the office of Commonwealth's or 
County Attorney unless he shall have been a licensed practicing 
attorney for two years. No person shall be eligible to the office 
of Clerk unless he shall have procured from a Judge of the Court 
of Appeals, or a Judge of the Circuit Court, a certificate that he 
has been examined by the Clerk of the Court, under his super- 
vision, and that he is qualified for the office for which he is a 
candidate. 

Sec 3. The Commonwealth's Attorney and Circuit Court 
Clerks shall be elected at the same time as the Circuit Judges — 
the Commonwealth's Attorney by the qualified voters of the dis- 



158 Civil Government of the State of 

trict, the Circuit Court Clerk by the qualified voters of the county. 
The County Attorney, Clerk, Surveyor, Coroner and Jailer shall 
be elected at the same time and in the same manner as the pre- 
siding Judge of the County Court. 

Sec. 4. A Sheriff shall be elected in each county by the quali- 
fied voters thereof, whose term of office shall, after the first term, 
be two years, and until his successor be qualified ; and he shall 
be re-eligible for a second term; but no Sheriff shall, after the 
expiration of the second term, be re-eligible or act as deputy for 
the succeeding term. The first election of Sheriffs shall be on 
the second Monday in May, 1851; and the Sheriffs then elected 
shall hold their offices until the first Monday in January, 1853, 
and until their successors be qualified ; an.d on the first Monday 
in August, 1853, and on the first Monday of August in every 
second year thereafter, elections for Sheriff shall be held : Pro- 
vided, That the Sheriffs first elected shall enter upon the duties 
of their respective offices on the first Monday in June, 1851, and 
after the first election on the first Monday in January next suc- 
ceeding their election. 

Sec. 5. A Constable shall be elected in every Justice's district, 
who shall be chosen for two years, at such time and place as 
may be provided by law, whose jurisdiction shall be ccnextensive 
with the county in which he may reside. 

Sec 6. Officers for towns and cities shall be elected for such 
term and in such manner, and with such qualifications, as may 
be prescribed by law. 

Sec 7. Vacancies in offices under this article shall be filled 
until the next regular election, in such manner as the General 
Assembly may provide. 

Sec 8. When a new county shall be erected, officers for the 
same, to serve until the next stated election, shall be elected or 
appointed in such way and at such times as the General Assembly 
may prescribe. 

Sec 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, and 
such other officers as the General Assembly may, from time to 



Kentucky and the United States. 159 



time, require, shall, before they enter upon the duties of their 
respective offices, and as often thereafter as may be deemed 
proper, give such bond and security as shall be prescribed by law. 

Sec. 10. The General Assembly may provide for the election 
or appointment, for a term not exceeding four years, of such 
other county or district ministerial and executive officers as shall, 
from time to time, be necessary and proper. 

Sec. 11. A County Assessor shall be elected in each county 
at the same time, and for the same term, that the presiding 
Judge of the County Court is elected, until otherwise provided 
for by law. He shall have power to appoint such assistants as 
may be necessary and proper. 

ARTICLE VII. 

CONCERNING THE MILITIA. 

Section 1. The Militia of this Commonwealth shall consist of 
all free, able-bodied male persons (negroes, mulattoes, and Indi- 
ans excepted), resident in the same, between the age of eighteen 
and forty-five years, except such persons as now are, or hereafter 
may be, exempted by the laws of the United States or of this 
State; but those who belong to religious societies, whose tenents 
forbid them to carry arms, shall not be compelled to do so, but 
shall pay an equivalent for personal service. 

Sec 2. The Governor shall appoint the Adjutant-General 
and his other staff officers ; the Major-Generals, Brigadier-Gen- 
erals, and Commandants of Regiments shall, respectively, ap« 
point their staff officers ; and Commandants of companies shall 
appoint their non-commissioned officers. 

Sec 3. All militia officers, whose appointment is not herein 
otherwise provided for, shall be elected by persons subject to 
military duty within their respective companies, battalions, 
regiments, brigades, and divisions, under such rules and regula- 
tions, and for such terms, not exceeding six years, as the General 
Assembly may, from time to time, direct and establish. 



160 Civil Government of the State of 

AKTICLE VIII. 

GENERAL PROVISIONS. 

Section 1. Members of the General Assembly and all officers, 
before they enter upon the execution of the duties of their 
respective offices, and all members of the bar, before they enter 
upon the practice of their profession, shall take the following 
oath or affirmation : I do solemnly swear (or affirm, as the case 
may be) that I will support the Constitution of the United 
States and the Constitution of this State, and be faithful and 
true to the Commonwealth of Kentucky so long as I continue a 
citizen thereof, and I will faithfully execute, to the best of my 

abilities, the office of according to law; and I do further 

solemnly swear (or affirm) that since the adoption of the present 
Constitution I, being a citizen of this State, have not fought a 
duel with deadly weapons within this State, nor out of it, with 
a citizen of this State ; nor have I sent or accepted a challenge 
to fight a duel with deadly weapons with a citizen of this State ; 
nor have I acted as second in carrying a challenge, or aided or 
assisted any person thus offending, so help me God. 

Sec. 2. Treason against the Commonwealth shall consist only 
in levying war against it, or in adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, 
or his own confession in open Court. 

Sec. 3. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall have 
been elected, who shall be convicted of having given or offered 
any bribe or threat to procure his election. 

Sec 4. Laws shall be made to exclude from office and from 
suffrage those who shall thereafter be convicted of bribery, per- 
jury, forgery, or dther crimes or high misdemeanors. The privi- 
lege of free suffrage shall be supported by laws regulating elec- 
tions and prohibiting, under adequate penalties, all undue 
influence thereon from power, bribery, tumult or other improper 
practices. 



Kentucky and the United States. 161 

Sec. 5. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law ; nor shall any appro- 
priations of money for the support of an army be made for a 
longer time than two years; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published annually. 

Sec. 6. The General Assembly may direct, by law, in such 
manner and in what Courts, suits may be brought against the 
Commonwealth. 

Sec. 7. The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience of the 
deponent, and shall be esteemed by the General Assembly the 
most solemn appeal to God. 

Sec. 8. • All laws which, on the first day of June, one thous- 
and seven hundred and ninety-two, were in force in the State of 
Virginia, and which are of a general nature, and not local to that 
State, and not repugnant to this Constitution, nor to the laws 
which have been enacted by the General Assembly of this Com- 
monwealth, shall be in force within this State until they shall be 
altered or repealed by the General Assembly. 

Sec. 9. The compact with the State of Virginia, subject to 
such alterations as may be made therein agreeably to the mode 
prescribed by the said compact, shall be considered as part of 
this Constitution. 

Sec. 10. It shall be the duty of the General Assembly to pass 
such laws as shall be necessary and proper to decide differences 
by arbitrators, to be appointed by parties who may choose that 
summary mode of adjustment. 

Sec 11. All civil officers for the Commonwealth at large shall 
reside within the State, and all district, county, or town officers 
within their respective districts, counties, or towns (trustees of 
towns excepted), and shall keep their offices at such places 
therein as may be required by law ; and all militia officers shall 
in the bounds of the division, brigade, regiment, battalion, or 
company to which they may severally belong. 

11 



162 Civil Government of the State of 

Sec. 12. Absence on the business of this State, or the United 
States, shall not forfeit a residence once obtained, so. as to 
deprive any one of the right of suffrage, or of being elected or 
appointed to any office under this Commonwealth under the 
exceptions contained in this Constitution. 

Sec. 13. It shall be the duty of the General Assembly to reg- 
ulate, by law, in what cases, and what deductions from the 
salaries of public officers shall be made for neglect of duty in 
their official capacity. 

Sec 14. Eeturns of all elections by the people shall be made 
to the Secretary of State for the time being, except in those 
cases otherwise provided for in this Constitution, or which shall 
be otherwise directed by law. . 

Sec 15. In all elections by the people, and also by the Sen- 
ete and House of Representatives, jointly or separately, the 
votes shall be personally and publicly given, viva voce : Provided, 
That dumb persons entitled to suffrage may vote by ballot. 

Sec 16. All elections by the people shall be held between 
the hours of six o'clock in the morning and seven o'clock in the 
evening. 

Sec 17. The General Assembly shall, by law, prescribe the 
time when the several officers authorized or directed by this 
Constitution to be elected or appointed, shall enter upon the 
duties of their respective offices, except where the time is fixed 
by this Constitution. 

Sec 18. No member of Congress, nor person holding or exer- 
cising any office of trust or profit under the United States, or 
either of them, or under any foreign power, shall be eligible as 
a member of the General Assembly of this Commonwealth, or 
hold or exercise any office of trust or profit under the same. 

Sec 19. The General Assembly shall direct, by law, how per- 
sons who now are, or who may hereafter become, securities for 
public officers, may be relieved or discharged on account of 
such securityship. 



Kentucky and the United States. 163 



Sec. 20. Any person who shall, after the adoption of this 
Constitution, either directly or indirectly, give, accept, or know- 
ingly carry a challenge to any person or persons, to fight in 
single combat with a citizen of this State, with any deadly wea- 
pon, either in or out of the State, shall be deprived of the right 
to hold any office of honor or profit in this Commonwealth, and 
shall be punished otherwise in such manner as the General 
Assembly may prescribe by law. 

Sec. 21. The Governor shall have power, after five years from 
the time of the offense, to pardon all persons who shall have in 
any wise participated in a duel, either as principals, seconds, or 
otherwise : and to restore him or them to all the rights, privil- 
eges, and immunities to which he or they were entitled before 
such participation. And upon the presentation of 6uch pardon, 
the oath prescribed in the first section of this article shall be 
varied to suit the case. 

Sec 22. At its first session after the adoption of this Consti- 
tution, the General Assembly shall appoint not more than three 
persons learned in the law, whose duty it shall be to revise and 
arrange the Statute Laws of this Commonwealth, both civil and 
criminal, so as to have but one law on any one subject ; and also 
three other persons, learned in the law, whose duty it shall be 
to prepare a Code of Practice for the Courts, both civil and 
criminal, in this Commonwealth, by abridging and simplifying 
the rules of practice and laws in relation thereto ; all of whom 
shall, at as early a day as practicable, report the result of their 
labors to the General Assembly for their adoption or modifi- 
cation. 

Sec. 23. So long as the Board of Internal Improvement shali 
be continued, the President thereof shall be elected by the quali- 
fied voters of this Commonwealth, and hold the office for the 
term of four years, and until another be duly elected and quali- 
fied. The election shall be held at the same time and conducted 
in the same manner as the election of Governor of this Common- 
wealth under this Constitution : but nothing herein contained 



164 Civil Government of the State of 



shall prevent the General Assembly from abolishing said Board 
of Internal Improvement or the office of President thereof. 

Sec. 24. The General Assembly shall provide, by law, for the 
trial of any contested election of Auditor, Eegister, Treasurer, 
Attorney General, Judges of Circuit Courts, and all other officers 
not otherwise herein specified. 

Sec. 25. The General Assembly shall provide, by law, for the 
making of the returns, by the proper officers, of the election of 
all officers to be elected under this Constitution ; and the Gover- 
nor shall issue commissions to the Auditor, Register, Treasurer, 
President of the Board of Internal Improvement, Superintend- 
ent of Public Instruction, and such other officers as he may be 
directed by law to commission, as soon as he has ascertained the 
result of the election of those officers respectively. 

Sec 26. When a vacancy shall happen in the office of Attor- 
ney General, Auditor of Public Accounts, Treasurer, Register of 
the Land Office, President of the Board of Internal Improve- 
ment, or Superintendent of Public Instruction, the Governor, in 
the recess of the Senate, shall have power to fill the vacancy by 
granting commissions, which shall expire at the end of the next 
session, and shall fill the vacancy for the balance of the term by 
and with the advice and consent of the Senate. 

ARTICLE IX. 

CONCERNING THE SEAT OF GOVERNMENT. 

Section 1. The Seat of Government shall continue in the city 
of Frankfort until it shall be removed by law : Provided, however, 
That two-thirds of all the members elected to each House of the 
General Assembly shall concur in the passage of such law. 

ARTICLE X. 

CONCERNING SLAVES. 

Section 1. The General Assembly shall have no power to- 
pass laws for the emancipation of slaves without the consent of 



Kentucky and the United States. 165 



their owners, or without paying their owners, previous to such 
emancipation, a full equivalent in money for the slaves so eman- 
cipated, and providing for their removal from the State. They 
shall have no power to prevent immigrants to this State from 
bringing with them such persons as are deemed slaves by the 
laws of any of the United States, so long as any person of the 
same age or description shall be continued in slavery by the laws 
of this State. They shall pass laws to permit owners of slaves 
to emancipate them, saving the rights of creditors, and to pre- 
vent them from remaining in this State after they are emanci- 
pated. They shall have full power to prevent slaves from being 
brought into this State as merchandise. They shall have 
full power to prevent slaves being brought into this State who 
have been, since the first day of January, one thousand seven 
hundred and eighty-nine, or may hereafter be imported into 
any of the United States from a foreign country. And they 
shall have full power to pass such laws as may be necessary to 
oblige the owners of slaves to treat them with humanity, to pro- 
vide for them necessary clothing and provisions, to abstain 
from all injuries to them, extending to life or limb; and in case 
of their neglect or refusal to comply with the directions of such 
laws, to have such slave or slaves sold, for the benefit of their 
owner or owners. 

Sec. 2. The General Assembly shall pass laws providing that 
any free negro or mulatto hereafter immigrating to, and any 
slave hereafter emancipated in and refusing to leave this State, 
or having left, shall return and settle within this State, shall 
be deemed guilty of felony, and punished by confinement in 
the penitentiary thereof. 

Sec. 3. In the prosecution of slaves for felony, no inquest by 
a grand jury shall be necessary, but the proceedings in such 
prosecutions shall be regulated by law, except that the General 
Assembly shall have no power to deprive them of an impartial 
trial by a petit jury. 



166 Civil Government of the State of 

AKTICLE XI. 

CONCERNING EDUCATION. 

Section 1. The capital of the fund called and known as the 
"Common School Fund," consisting of one million two hundred 
and twenty -five thousand seven hundred and sixty-eight dollars 
and forty-two cents, for which bonds have been executed by the 
State to the Board of Education, and seventy-three thousand 
five hundred dollars of stock in the Bank of Kentucky; also, 
the sum of fifty-one thousand two hundred and twenty-three 
dollars and twenty-nine cents, balance of interest on the school 
fund for the year 1848, unexpended, together with any sum 
which may be hereafter raised in the State by taxation or other- 
wise for purposes of education, shall be held inviolate, for the 
purpose of sustaining a system of common schools. The in- 
terest and dividends of said funds, together with any sum 
which may be produced for that purpose by taxation or other- 
wise, may be appropriated in aid of common schools, but for 
no other purpose. The General Assembly shall invest said fifty- 
one thousand two hundred and twenty-three dollars and twenty- 
nine cents in some safe and profitable manner; and any portion 
of the interest and dividends of said school fund, or other 
money or property raised for school purposes, which may not be 
needed in sustaining common schools, shall be invested in like 
manner. The General Assembly shall make provision, by law, 
for the payment of the interest of said school fund: Provided, 
That each county shall be entitled to its proportion of the in- 
come of said fund, and if not called for for common school pur- 
poses, it shall be re-invested from time to time for the benefit of 
such county. 

Sec 2. A Superintendent of Public Instruction shall be 
elected by the qualified voters of this Commonwealth at the 
same time the Governor is elected, who shall hold his office for 
four years; and his duties and salary shall be prescribed and 
fixed by law. 



Kentucky and the United States. 167 

ARTICLE XII. 

MODE OF REVISING THE CONSTITUTION. 

' Section. 1. When experience shall point out the necessity of 
amending the Constitution, and when a majority of all the mem- 
bers elected to each House of the General Assembly shall, within 
the first twenty days of any regular session, concur in passing a 
law for taking the sense of the good people of this Common- 
wealth, as to the necessity and expediency of calling a conven- 
tion, it shall be the duty of the several Sheriffs, and other offi- 
cers of elections, at the next annual election which shall be held 
for Representatives to the General Assembly, after the passage 
of such law, to open a poll for, and make return to the Secretary 
of State, for the time being, of the names of all those entitled to 
vote for Representatives who have voted for calling a Conven- 
tion ; and if, thereupon, it shall appear that a majority of all the 
citizens of this State, entitled to vote for Representatives, have 
voted for calling a Convention, the General Assembly shall, at 
their next regular session, direct that a similar poll shall be 
opened and return made for the next election for Representa- 
tives; and if, thereupon, it shall appear that a majority of all the 
citizens of this State entitled to vote for Representatives have 
voted for calling a Convention, the General Assembly shall, at 
their next session, pass a Jaw calling a Convention, to consist of 
as many members as there shall be in the House of Representa- 
tives and no more, to be chosen on the first Monday in August 
thereafter, in the same manner and proportion, and at the same 
places, and possessed of the same qualifications of a qualified 
elector, by citizens entitled to vote for Representatives, and to 
meet within three months after their election for the purpose of 
readopting, amending, or changing the Constitution; but if it 
shall appear by the vote of either year, as aforesaid, that a ma- 
jority of all the citizens entitled to vote for Representatives did 
not vote for calling a Convention, a Convention shall not then be 
called. And for the purpose of ascertaining whether a majority 
of the citizens, entitled to vote for Representatives, did or did 



168 Civil Government of the State of 

not vote for calling a Convention, as above, the General Assem- 
bly passing the law authorizing such vote shall provide for ascer- 
taining the number of citizens entitled to vote for Kepresenta- 
tives within the State. 

Sec. 2. The Convention, when assembled, shall judge of the 
election of its members and decide contested elections, but the 
General Assembly shall, in calling a Convention, provide for tak- 
ing testimony in such cases, and for issuing the writ of election 
in case of a tie. 

AETICLE XIII. 

BILL OF RIGHTS. 

That the general, great, and essential principles of liberty and 
free government may be recognized and established, tve declare — 

Section 1. That all freemen, when they form a social com- 
pact, are equal, and that no man, or set of men, are entitled to 
exclusive, separate public emoluments or privileges from the 
community but in consideration of public services. 

Sec 2. That absolute, arbitrary power over the lives, liberty, 
and property of freemen exists nowhere in a Republic, not even 
in the largest majority. 

Sec 3. The right of property is before and higher than any 
constitutional sanction; and the right of the owner of a slave to 
such slave, and its increase, is the same, and as inviolable as the 
right of any property whatever. ' 

Sec 4. That all power is inherent in the people, and all free 
governments are founded on their authority, and instituted for 
their peace, safety, happiness and the protection of property. 
For the advancement of these ends they have, at all times, an 
inalienable and indefeasible right to alter, reform, or abolish 
their government, in such manner as they may think proper. 

Sec. 5. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
consciences ; that no man shall be compelled to attend, erect, or 
support any place of worship, or to maintain any ministry 



Kentucky and the United States. 169 

against his consent; that no human authority ought, in any case 
whatever, to control or interfere with the rights of conscience; 
and that no preference shall ever be given, by law, to any reli- 
gious societies or modes of worship. 

Sec. 6. That the civil rights, privileges, or capacities of any 
citizen shall in nowise be diminished or enlarged on account of 
his religion. 

Sec. 7. That all elections shall be free and equal. 

Sec. S. That the ancient mode of trial by jury shall be held 
sacred, and the right thereof remain inviolate, subject to such 
modifications as may be authorized by this Constitution. 

Sec. 9. That printing presses shall be free to every person 
who undertakes to examine the proceedings of the General 
Assembly, or any branch of Government; and no law shall ever 
be made to restrain the right thereof. The free communication 
of thoughts and opinions is one of the invaluable rights of man, 
and every citizen may freely speak, write, and print on any 
subject, being responsible for the abuse of that liberty. 

Sec. 10. In prosecutions for the publication of papers inves- 
tigating the official conduct of officers, or men in a public 
capacity, or where the matter published is proper for public 
information, the truth thereof may be given in evidence; and in 
all indictments for libels, the jury shall have a right to deter- 
mine the law and the facts under the direction of the Court, as 
in other cases. 

Sec 11. That the people shall be secure in their persons, 
houses, papers, and possessions from unreasonable seizures and 
searches, and that no warrant to search any place or to seize 
any person or thing shall issue without describing them as 
nearly as may be, nor without probable cause, supported by oath 
©r affirmation. 

Sec 12. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and counsel; to demand the 
nature and cause of the accusations against him; to meet the 
witnesses face to face : to have compulsory process for obtaining 






170 Civil Government of the State of 

witnesses in his favor; and in prosecutions by indictment or 
information, a speedy public trial by an impartial jury of the 
vicinage; that he cannot be compelled to give evidence against 
himself; nor can he be deprived of his life, liberty, or property, 
unless by the judgment of his peers, or the law of the land. 

Sec. 13. That no person shall, for any indictable joffense, be 
proceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service, in time of war or of public danger, or by leave of 
the Court, for oppression or misdemeanor in office. 

Sec. 14. No person shall, for the same offense, be twice put 
in jeopardy of his life or limb; nor shall any man's property be 
taken or applied to public use without the consent of his repre- 
sentatives and without just compensation being previously made 
to him. 

Sec 15. That all Courts shall be open, and every person, for 
an injury done him in his lands, goods, person, or reputation, 
shall have remedy by the due course of law, and right and jus- 
tice administered without sale, denial, or delay. 

Sec 16. That no power of suspending laws shall be exercised, 
unless by the General Assembly or its authority. 

Sec 17. That excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel punishment inflicted. 

Sec 18. That all prisoners shall be bailable by sufficient secu- 
rities, unless for capital offenses, when the proof is evident or 
presumption great ; and the privilege of the writ of habeas corpus 
shall not be suspended, unless when, in case of rebellion or inva- 
sion, the public safety may require it. 

Sec 19. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in prison 
after delivering up his estate for the benefit of his creditors in 
such manner as shall be prescribed by law. 

Sec 20. That no ex post facto law, nor any law impairing con- 
tracts, shall be made. 



Kentucky and the United States. 171 

Sec. 21. That no person shall be attainted of treason or felony 
by the General Assembly. 

Sec. 22. That no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate 
to the Commonwealth. 

Sec 23. That the estates of such persons as shall destroy their 
own lives shall descend or vest as in case of natural death ; and 
if any person shall be killed by casualty, there shall be no for- 
feiture by reason thereof. 

Sec. 24. That the citizens have a right, in a peaceable man- 
ner, to assemble together for their common good, and to apply 
to those invested with the powers of government for redress of 
grievances, or other proper purposes, by petition, address, or 
remonstrance. 

Sec 25. That the rights of the citizens to bear arms in 
defense of themselves and of the State shall not be questioned ; 
but the General Assembly may pass laws to prevent persons 
from carrying concealed arms. 

Sec 26. That no standing army shall, in time of peace, be 
kept up, without the consent of the General Assembly ; and the 
military shall, in all cases and at all times, be in strict subordi- 
nation to the military power. 

Sec 27. That no soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

Sec 28. That the General Assembly shall not grant any title 
of nobility or hereditary distinction, nor create any office, the 
appointment of which shall be for a longer time than for a term 
of years. 

Sec 29. That emigration from the State shall not be prohibited. 

Sec 30. To guard against transgressions of the high powers 
which we have delegated, we declare, that everything in this 
article is excepted out of the general powers of government, and 
shall forever remain inviolate ; and that all laws contrary thereto, 
or contrary to this Constitution, shall be void . 



172 Civil Government of the State of 



SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments made in the Constitution of this Commonwealth, 
and in order to carry the same into complete operation, it is 
hereby declared and ordained : 

Section 1. That all the laws of this Commonwealth in force at 
the adoption of this Constitution, and not inconsistent therewith, 
and all rights, actions, prosecutions, claims, and contracts, as 
well of individuals as of bodies corporate, shall continue as if 
this Constitution had not been adopted. 

Sec. 2. The oaths of office herein directed to be taken may 
be administered by any Judge or Justice of the Peace, until the 
General Assembly shall otherwise direct. 

Sec 3. No office shall be superceded by the adoption of this 
Constitution, but the laws of the State relative to the duties of 
the several officers, legislati/e, executive, judicial, and military, 
shall remain in full force, though the same be contrary to this 
Constitution, and the several duties shall be performed by the 
respective officers of the State according to existing laws, until 
the organization of the government, as provided under this Con- 
stitution, and the entering into office of the officers to be elected 
or appointed under said government, and no longer. 

Sec 4. It shall be the duty of the General Assembly, which 
shall convene in the year 1850, to make an apportionment of the 
representation of this State, upon the principle set forth in this 
Constitution; and with the first apportionment shall be made 
as herein directed, the apportionment of Senators and Kepre- 
sentatives among the several districts and counties in this State 
shall remain as at present fixed by law : Provided, That on the 
first Monday in August, 1850, all Senators shall go out of office, 
and on that day an election for Senators and Representatives 
shall be held throughout the State, and those then elected shall 
hold their offices for one year, and no longer : Provided, further, 



Kentucky mid the United States. 173 

That at the elections to be held in the year 1850, that provision 
in this Constitution, which requires voters to vote in the precinct 
within which they reside, shall not apply. 

Sec. 5. All recognizances heretofore taken, or which may be 
taken before the organization of the judicial department under 
this Constitution, shall remain as valid as though this Constitu- 
tion had been adopted, and may be prosecuted in the name of 
the Commonwealth. All criminal prosecutions and penal actions 
which have arisen, or may arise before the reorganization of the 
judicial department under this Constitution, may be prosecuted 
to judgment and execution in the name of the Commonwealth. 



" "We, the representatives of the freemen of Kentucky, in con- 
vention assembled, in their name, and by the authority of the 
Commonwealth of Kentucky, and in virtue of the powers vested 
in us, as delegates from the counties respectively affixed to our 
names, do ordain and proclaim the foregoing to be the Constitu- 
tion of the Commonwealth of Kentucky from and after this day. 

'• Done at Frankfort this eleventh day of June, in the year of 
our Lord one thousand eight hundred and fifty, and in the forty- 
ninth year of the Commonwealth." 

James Guthrie, 

President of the Convention and Member from the City of Louisville. 

Attest: 

Tho. J. Helm, Secretary of the Convention. 
Tho. D. Tilford, Assistant Secretary, &c. 



CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA. 



We, the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for the 
common defense, promote the general welfare, and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America : 

ARTICLE I. 

Section 1 . All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States ; and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhab- 
itant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac- 
cording to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of aH other persons. The actual enumeration 
shall be made within three years after the first meeting of the Con- 

(174) 



Kentucky and the United States. 



gress of the United States, and within every subsequent term of 
ten years, iu such manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative ; aud 
until such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature thereof, 
for six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second 
year ; and if vacancies happen by resignation or otherwise, during 
the recess of the Legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty j*ears, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

The Vice-President of the United States shall be President of 
ihe Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 
11 



Civil Government of the State of 



The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit under the United States; but the 
party convicted shall nevertheless be liable and subject to indict- 
ment, trial, judgment and punishment, according to law. 

Sec. 4. The times, places and manner of holding elections for 
Senators and Kepresentatives, shall be prescribed in each State by 
the Legislature thereof ; but the Congress may, at any time, by 
law. make or alter such regulations, except as the places of choos- 
ing Senators. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner and under such 
penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in 
their judgment, require secrecy; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid out 



Kentucky and the United States. 177 

of the treasury of the United States. They shall in all eases, ex- 
cept treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time, and no 
person holding any office under the United States shall be a mem- 
ber of either house during his continuation in office. 

Sec. 7. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United States: If he approve, he shall sign it; 
but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such 
cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectivel}' - . If any 
bill shall not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return, in which case 
it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and before the same shall take effect, shall 



12 



178 Civil Government of the State of 

be approved by him; or, being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a 
bill. 

Sec. 8. The Congress shall have power — 

To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of 
the United States; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the sev- 
eral States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof and of foreign coin, 
and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land 
and naval forces ; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in thtt 
service of the United States, reserving to the States respectively 



Kentucky and the United States. 179 

the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
seat of the Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legisla- 
ture of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build- 
ings; and 

To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United States, 
or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety 
may require it. 

Xo bill of attainder or ex post facto law shall be passed. 

Xo capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

Xo preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
s bound to or from one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, 



180 Civil Government of the State of 

without the consent of Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque or reprisal ; coin money, emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of no- 
bility. 

No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and control of 
the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a for- 
eign power, or engage in war, unless actually Invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

Section 1. The Executive Power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, 
chosen for the same term, be elected as follows : 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the number of 
Senators and Representatives to which the State may be entitled 
in the Congress; but no Senator or Representative, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons — of whom one at least shall not be an inhab- 
itant of the same State with themselves. And they shall make a 
list of all the persons voted for, and ot the number oi votes for each : 



Kentucky and the United States. 181 

which list they shall sign and certify, and transmit, sealed, to the 
* of the Government of the United States, directed to the Pres- 
ident of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
lificates. and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on the list 
the said House shall, in like manner, choose the President. But, 
in choosing the President, the votes shall be taken by States, the 
representation from each State having one vote. A quorum for 
- purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be nec- 
vy to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the elect- 
shall be Vice-President. But if there should remain two or 
more who have equal votes, the Senate shall choose from them by 
ballot the Vice-President.*] 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

Xo person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any per- 
son be eligible to that office who shall not have attained the age of 
Hurry-five years, and been fourteen years a resident within the 
United States. 
In case of the removal of the President from office, or of his 
ii. resignation, or inability to discharge the powers and duties 
■of the said office, the same shall devolve on the Vice-President; 
and the Congress may, by law. provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall act as President; and such 

Ilia clause has been repealed and annulled by the 12th amendment. 



182 Civil Government of ike State of 

officer shall act accordingly until the disability be removed, or a 
President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected ; and he 
shall not receive within that period any other emolument from the 
United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

" I do solemnly Bwear (or affirm) that I will faithfully execute the office of 
President of the United States, and will, to the best of my abilitj-, preserve, 
protect, and defend the Constitution of the United States." 

Sec. 2. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States ; he may require the opinion, in writing of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices ; and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

He shall have the power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the Senate 
present concur; and he shall nominate, and by and with the ad- 
vice and consent of the Senate, shall appoint Embassadors, other 
public Ministers and Consuls, Judges of the Supreme Court, and 
all other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law, but the Congress may, by law, vest the appointment of such 
inferior officers as they think proper in the President alone, in the 
courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions* 
which shall expire at the end of their next session. 

Sec. 3. He shall, from time to time, give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or either 



Kentucky and the United Slates. 183 

of them; and, in case of disagreement between them with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive Embassadors and other 
public Ministers; he shall take care that the laws be faithfully ex- 
ecuted, and shall commission all the officers of the United States. 
Sec. 4. The President. Vice-President, and'all civil officers of 
the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. The 
Judges, both of the Supreme and inferior Courts, shall hold their 
offices during good behavior, and shall, at stated times, receive for 
their services a compensation, which shall not be diminished dur- 
ing their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting Embassadors, other public Min- 
isters, and Consuls ; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State ; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States; and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

In all cases affecting Embassadors, other public Ministers and 
Consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction . In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such reg- 
ulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed 



184 Civil Government of the State of 

within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture, except during the life of the person attainted. 

AETICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sec. 2, The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, he delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whbm such service 
or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the ju- 
risdiction of any other State; nor any State be formed by the 
junction of two or more States or parts of States without the con- 
sent of the Legislatures of the States concerned, as well as of the 
Congress. 

The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 



Kentucky and the United States. 185 

belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United 
States, or any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion; and on application of the Legisla- 
ture, or of the Executive (when the Legislature can not be con- 
vened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to the Constitution, or, on 
the application of the Legislatures of two-thirds of the several 
State?, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the Legislatures of three- 
fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress: Provided, That no amendment which 
may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the 
ninth section of the first Article ; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into before the 
adoption of this Constitution, shall be as valid against the United 
States, under this Constitution, as under the Confederation. 

This Constitution and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
-hall be made, under the authority of the United States, shall be 
the supreme lav/ of the land ; and the Judges in every State, shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several State.-, 



186 



Civil Government of the State of 



shall be bound by oath or affirmation, to support this Constitution; 
but no religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

ARTICLE VII. 

The ratifications of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our Lord 
one thousand seven hundred and eighty-seven, and of the Inde- 
pendence of the United States of America the twelfth. 

In witness whereof, we have hereunto subscribed our names. 

GEO. WASHINGTON, 
President, and Deputy from Virginia. 

New Hampshire. 
John Langdon, Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorman, Rufus King. 

Connecticut. 
Wm. Saml. Johnson, Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 

David Brearley, 
Jona. Dayton. 
Pennsylvania. 

Thomas Mifflin, 



Wil. Livingston, 
Wm. Paterson, 



B. Franklin, 
Robt. Morris, 
Tho. Fitzsimons, 
James Wilson, 

Geo. Read, 
John Dickinson, 
Jaco. Broom, 



Geo. Clymer, 
Jared Ingersoll, 
Gouv. Morris. 
Delaware. 
Gunning Bedford, Jun'r, 
Richard Bassett. 



Kentucky and the United States. 187 

Maryland. 
James M'Henry, Dan. of St. Thos. Jenifer. 

Danl. Carroli , 

Virginia. 
John Blair, James Madison, Jr. 

North Carolina. 
Wm. Blount, Rich'd Dobbs Spaight. 

Hu. Williamson, 

South Carolina. 
J. Rutledge, Charles Cotesworth Pinckney, 

Charles Pinckney, Pierce Butler. 

Georgia. 
William Few, Abr. Baldwin. 

Attest: WILLIAM JACKSON, Secretary. 



ARTICLES, 

IN ADDITION TO, AND AMENDMENT OP, THE 

Constitution of the United States oi America, 

PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE 

SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE 

OF THE ORIGINAL CONSTITUTION. 



ARTICLE I. 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof ; or abridging the 
freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the Government for a re- 
dress of grievances. 

ARTICLE II. 

• A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon proba- 
ble cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or things to be 
seized. 

(188) 



Kentucky and the United Stales. 189 



ARTICLE V. 

Xo person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the laud or naval forces, or in the 
militia, when in actual service in time of war cr public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor be compelled in any crim- 
inal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall pri- 
vate property be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall' 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



190 Civil Government of the State of 

ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XL 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted 
against one of the United States bj T citizens of another State, or by 
citizens or subjects of any foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballot the person voted for as President, and 
in distinct ballot the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President, and 
all persons voted for as Vice-President, and of the number of votes 
for each, which lists they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number of 
Electors appointed; and if no person have such majority, then 
from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House of 
Representatives shall choose immediately by ballot the President. 
But in choosing the President, the votes shall be taken by States, 
the representation from each State having one ; a quorum for this 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 



Kentucky and the United States. 191 

President shall act as President, as in the case of the death or 
-other constitutional disability of the President. The person hav- 
rhe greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole number 
of Electors appointed; and if no person have a majority, then, 
from the two highest numbers on the list, the Senate shall choose 
the Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President, shall be eligi- 
ble to that of Vice-President of the United States. 

ARTICLE XIII. 

••Section 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this Article by 
appropriate legislation, approved February 1, 1863." 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; nor shall any State 
deprive any person of life, liberty, or property, without due pro- 
cess of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the 
^hole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of Electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of 
a State, or the members of the legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one years of 



192 Civil Government of the State of 

age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Con- 
gress, or as an oificer of the United States, or as a member of any 
State legislature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, by a vote 
of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for the payment of 
pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts 
shall be held illegal and void. | 

Sec 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

The amendment passed the Senate by a vote of 33 yeas to 11 nays, and the 
House by a vote of 133 yeas to 36 nays. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce thi6 article 
by appropriate legislation. 



Kentucky and the United States. 193 

The Constitution was adopted on the 17th of September, 1787, by 
the convention appointed in pursuance of the resolution of the 
Congress of the Confederation, of the 21st February. 1787, and 
ratified by the conventions of the several States, as follows : 

By Convention of Delaware 7th December, 1787 

" Pennsylvania 12th December, 1787 

New Jersey 18th December, 1787 

11 Georgia 2d .January, 1783 

Connecticut 9th January, 17SS 

•' M Massachusetts* 6th February, 1788 

•« » Maryland 28th April. 1788 

" " South Carolina 28th May, 1788 

M M New Hampshire 21st June, 1788 

'• Virginia 26th June, 1788 

" New York 26th July, 1788 

M " North Carolina 21st November, 1789 

" " Rhode Island 29th Mav, 1790 



The first ten of the amendments were proposed on the 25th Sep- 
tember, 1789, and ratified by the constitutional number of States 
on the 15th December, 1791 ; the eleventh, on the 8th January, 
1798; the twelfth, on the 25th September, 1804; the thirteenth, on 
the 1st February. 1863; the fourteenth, on the 21st July, 1868; 
and the fifteenth, on the 30th March 1870. 



13 



Index. 



Bailor Fine, Excessive 20 

Bankruptcy 261 

Bills, How Passed 61 

Bill of Attainder 277 

Bill of Rights 9 

Board of Education, State, Members 113 

President 114 

Time of Meeting 115 

Powers and Duties i 116 

Board of Equalization, State, Election 117 

Oath 118 

Duties 119 

Duties of Secretary in Vacation 120 

Compensation 121 

Board of Examiners, County 173 

Board of Health, State 126 

Board of Pharmacy, State 124 

Board to Examine Poll-Books 40 

Board to Examine Returns 43 

Circuit Court, Judges t 180 

Who Eligible as Circuit Judge 181 

Terms '. 182 

Jurisdiction 183 

Record 184 

Circuit Court, U. S 311 

Citizens, Privileges of. , 319 

City Council, Wards 228 

Meetings 229 

Ordinances of. 230 

Other Powers 231 

City, Distribution of Power , 227 

City Officers, Mayor 232, 239 

Clerk 233 

Treasurer 234 

Marshal 235 



Index. 



City Officers — Continued. 

Street Commissioner 236 

Engineer 237 

School Trustees 238 

Attorney 240 

Clerk of the Circuit Court, Election 174 

Powers and Duties 175 

Compensation 1 76 

Clerk of the County Court, Election 177 

Powers and Duties 178 

Compensation 179 

Commerce 260 

Commissioner of Agriculture, Horticulture and Statistics 127 

Commissioners of Deeds 128 

Commissioners of Sinking Fund 122 

Commonwealth's Attorney, Election 193 

Duties 194 

Compensation ! 195 

Comparing Poll-Books 41 

Congress, Meetings 252 

Adjournment 253 

Control of Members 254 

Compensation 255 

Prohibitions on Members 256 

Making Laws 257 

Powers 206-223 

Constable, Election 214 

Powers and Duties 215 

Compensation 216 

Constitution of U. S., Formation 4 

Adoption 5 

Nature 6 

Oath of Office to Support 325 

Supreme Law 324 

Constitutions, State 7 



Index. 



Copyrights ; 265 

Coroner, Election 155 

Duties 156 

Acting as Sheriff. 157 

Compensation 158 

Counterfeiting 263 

Counties 150 

County Attorney, Election 196 

Duties 197 

Compensation 198 

County Court, Judge 185 

Who Eligible as County Judge 186 

Terms 187 

Jurisdiction 188 

Kecord : 189 

County Superintendent, Election , 168 

Qualifications 169 

Who Not Eligible 170 

Powers and Duties 171 

Compensation 172 

Court of Appeals, Judges 133 

Terms 134 

Jurisdiction 135 

Clerk of, Election 136 

Duties 137 

Sergeant of, Appointment 138 

Duties 139 

Reporter of, Appointment 140 

Duties 141 

Court of Claims, County 192 

Court of Claims, U. S 317 

Courts, Inferior 266 

Courts Open 19 

Courts, U. S., Jurisdiction „ 262 

Debt, Imprisonment for 23 



Index. 



Departments of Government, Three 8 

Desire for Stronger Government , 3 

Distribution of Power in the District. 210 

District Courts, U. S 312 

District, Legislative Officers 211 

Districts 209 

Early History of the State 8 N 

Elections 14 

Time of Holding 31 

Officers of. 35 

Notice to 36 

Duties of 39 

Electoral College 289 

Emigration Not to be Prohibited 30 

Equality of Men 9 

Establishment of a Town 222 

Executive Power, How Vested 65 

Ex Post Facto Law 24, 277 

Felonies on High Seas 267 

Freedom of Press and Speech 16 

Fugitives from Justice 320 

General Assembly, Sessions 50 

Members, Compensation of 51 

Privileges of. 52 

Ineligibility to Membership 53 

Ineligibility of Members to Other Offices 54 

Quorum 55 

Election of Members 56 

Rules and Punishments 57 

Officers, Election of. 58 

Journal 59 

Adjournment 60 

Governor, Election 66 

Term 67 

Qualifications 68 



vi Index. 

Governor — Continued. 

Commencement and Termination of Service 69 

Persons Ineligible ..< 70 

Compensation 71 

Powers 72 

Military Powers 73 

Vancancies 74 

Messages' 75 

May Convene or Adjourn General Assembly 76 

Duty, Generally 77 

Officers Appointed by, State Inspector and Examiner.. .123 

State Board of Pharmacy 124 

Railroad Commissioners i .....125 

State Board of Health 126 

Commissioner of Agriculture, Horticulture, Statistics 127 

Commissioners of Deeds 128 

Notaries Public 129 

Habeas Corpus, Writ of 22, 276 

Impeachment, State Officers 62 

Impeachment, U. S. Officers 251 

Imprisonment for Debt 23 

Indictment 206 

Interior, Secretary of. , , 290, 307 

Jailer, Election 162 

Duties 163 

Compensation 164 

Judges of U. S , 318 

Judicial Department, State, How Vested 130 

Judicial Power of U. S., How Vested 309 

Jurisdiction. 131 

Jurors, Grand, Drawing of 201 

Qualifications 203 

Duties 205 

Jurors, Petit, Drawing of. 200 

Qualifications , 202 

Duties.... 204 



Index. 



Jury Commissioners 199 

Justices of the Peace, Election 217 

Jurisdiction 218 

Powers and Duties 219 

Compensation 220 

Laws, Carrying into Effect 275 

Legislative Power, National, How Vested 241 

Legislative Powers of the County 151 

Legislative Power, State, How Vested..... 44 

Lieutenant-Governor, Election 78 

Duties 79 

When to Act as Governor 80 

Compensation 81 

Mayor of City 232, 239 

Military Power 27 

Militia, Calling Forth 272 

Organizing ...273 

Money 259, 262 

National Executive Power, How Vested 282 

Naturalization 261 

Navy 270 

Navy, Secretary of. 290, 304 

Necessity for Other Forms of Government 221 

Notaries Public 129 

Office, Disqualification for Holding 33 

Ordinances, City 230 

Patents 265 

Petitioning 26 

Polls 37 

Postmaster-General 290, 305 

Post-offices 264 

Precincts 34 

President of U. 8., Election 283-285 

Term 282 

Election by House of Representatives 286 



viii Index. 

President of U. S. — Continued. 

Vacancy in Office ,.. 290 

Oath of Office 291 

Salary 292 

Qualifications 293 

Commander-in-Chief 294 

Reprieves and Pardons ;...295 

Appointments 296 

Treaties 297 

Messages 298 

Convenes or Adjourns Congress 299 

Executes Laws; 300 

Prisoners Bailable . 21 

Prohibitions Upon the States 281 

Quarterly Court, Terms 190 

Jurisdiction 119 

Railroad Commissioners 125 

Register of the Land Office, Election 101 

Bond , 102 

Duties , 103 

Reports 104 

Compensation 105 

Religious Liberty 13 

Representatives, National, Number, Apportionment 242 

How Chosen, Term 243 

Qualifications 244 

Officers 245 

Delegates 246 

Special Powers. , 247 

Representatives, State, Number and Term .,. 45 

Qualifications 46 

Apportionment 47 

Republican Form of Government 323 

Right of Property 11 

Right of Trial.... 18 



Index. 



School Trustees of the District, Election 212 

Power and Duties 213 

Seat of Government 274 

Secretary of State, Appointment 82 

Duties 83 

Assistant 84 

Residence and Seal 85 

Examination and Preservation of Papers 86 

Custody of Books 87 

Compensation 88 

Seizure and Search 17 

Senators, State, Qualifications 48 

Apportionment 49 

Senators, U. S., Apportionment, Election 63, 248 

Qualifications 249 

Officers 250 

Sessions of the General Assembly 50 

Sheriff, Election 152 

Powers and Duties 153 

Compensation 154 

Source of Power 12 

Standing Army 28 

States, Admission of 321 

State, Secretary of. 290, 301 

Superintendent of Public Instruction, Election 106 

Oath 107 

Duties 108 

Reports 109 

School Law, Publication 110 

Decisions Ill 

Compensation 112 

Superior Court, Judges 145 

Terms 146 

Jurisdiction * 147 

Other Officers 148 

Appeals , 149 



Index. 



Supreme Court of U. S , 310 

Jurisdiction 315 

Surveyor, Election 165 

Powers and Duties .< 166 

Compensation 167 

Taxes 258, 278 

Territory of U. S 322 

Title of Nobility 29, 280 

Town Trustees, Election 223 

Who Eligible. 224 

Powers and Duties 225 

Appointment of Other Officers 226 

Treason .7 316 

Treasurer of State, Election , 89 

Oaths and Bond 90 

Qualifications .• 91 

Duties 92 

Compensation 9& 

Treasury, Secretary of. 290, 302 

Trial by Jury 15 

Trial, Criminal , 207 

Civil 208 

Trouble Among the States 2 

Two or More Counties Voting Together 42 

Veto 257 

Vice-President of U. S., Election 283-285 

Presides Over Senate 250 

Election by Senate 287 

Succeeds to Presidency 290 

Qualifications, Salary 308 

Voters, Qualifications for 32 

Voting, Manner of 38 

War 268 

War, Secretary of 290, 303 



